1. The present Code regulates the procedure in civil actions before the Regional Courts.

2. The Courts shall review every request for the protection and facilitation of personal and proprietary rights entered before them.

Court actions are initiated at the request of the interested party or the Prosecutor.

3. The parties participating in court actions, as well as their representatives, under threat for liability for damages are obligated to exercise their prescribed procedural rights in good faith and in observance of the rules of socialist coexistence. They shall present before the Court the truth and nothing but the truth.

4. The Court resolves case solely on the basis of the law.

It shall participate actively in the full investigation and disclosure of the rear rights and interrelations of the parties.

The Court shall guide the parties in the performance of the legally required actions in order to negate damage to their interest due to legal ignorance, illiteracy or other such reasons.

5. The official language in the courts shall be Bulgarian when parties to the actions are persons who do not have command of the Bulgarian language the Court shall appoint an interpreter with the help of whom the said persons be able to perform legal action and who shall elucidate the actions of the Court.

6. The Regional Courts shall have jurisdiction over all civil cases with the exception of those which by special laws are awarded to the jurisdiction of other organs.

The Court decides with regard to whether the case presented before it falls under its own jurisdiction or under the jurisdiction of another agency.

No other agency shall have the right to review or resolve a case which has already been before the courts.

7. Co-protection may be sought with regard to all parties in the country apart from those who have been granted ex territoriality.

At the request of any Bulgarian citizen before the Court may be summoned parties which are not resident in the country.

(New parations 3 & 4 - State Gazette, ed.41, 1985.) Matrimonial actions fall under the jurisdiction of the Bulgarian courts if one of the spouses is a Bulgarian citizen.

The Bulgarian courts shall review matrimonial actions between foreign citizens if the residents of the respondent is the Republic of Bulgaria or if either one of the spouses lives in Bulgaria and the laws of the country of which the spouses are citizens does not preclude the jurisdiction of the Bulgarian courts.

8. Persons with the right to ex-territoriality, as well as foreign states fall under the jurisdiction of the regional courts if;

9. (Amends. - State Gazette, ed.60, 1988, & ed.55, 1991.) Parties to proprietary actions may negotiate that it be resolved before a court of arbitration unless the action involves proprietary rights or rights over realty, alimony or employee - employer rights.

The court of arbitration may have its seat abroad if one of the parties is resident or is registered in a foreign country.

Under the stipulations of Paras 1& 2 the parties may present a foreign court with the action which does not fall under the exclusive jurisdiction of the Bulgarian courts if the agreement with regard to this is in writing and is deemed legal under the legislation of the country where the court has seat. Under the same conditions an action falling under the jurisdiction of a foreign court may be presented before a Bulgarian one.

The Bulgarian courts shall not terminate an action initiated before it if it be proved that the action with regard to the same dispute or connected with it is pending before a foreign court.

10. The issue regarding whether an initiated court action falls under the jurisdiction of the courts or the state arbitration or another agency may be raised at any one instance or ex-officio by the court.

The court's resolution with regard to the above mentioned issue may be appealed by a private action.

11. (Amends. - Not., ed.90, 1961.) An agency which maintains that the case accepted by the court falls under its own jurisdiction, as well as the prosecutor may raise a counter action on the issue of jurisdiction before the High Court. Up to the final resolution of the jurisdiction the court proceedings shall be halted. In such cases the court may adopt measures for securing an action.

(New - Not., ed.90, 1961.) The stipulations of the previous para shall be relevant with regard to jurisdictional disputes in cases where courts or other agencies have refused review of a case on the grounds of lack of jurisdiction.

12. A judge or a member of a jury who is the party of the case or the spouse of or directly related to one of the parties whether by direct lineage up to the fourth tier or by marriage to the third, may not participate in the court action.

(Amends. State Gazette, ed.31, 1990.) The latter shall be removed if he or she has participated in the resolution of the case before the courts in the first or second instance, or has been a witness, an expert witness or representative in the case, as well as if he or she has had a vested interest in the resolution of the case or is in some way in particular relations with one of the parties, which might form a rational basis for questioning his or her partiality.

13. The request for removal of a judge or a member of the jury may be entered by anyone of the parties at the first session prior to which the conditions for removal have appeared. The judge or the member of the jury shall request his own removal.

The same conditions for removal apply to the secretary of the court.

14. The court resolves the issue of removal with the participation of that judge or member of the jury.

The court shall rule the ex-officio presentation of the case before another court of the same rank, if due to the removal of the judge its review before the first court has become impossible.

15. Party to civil cases are persons in whose name and against whom the actions are held.

Apart from the cases envisaged by law, no one may in his own name represent others' rights before the court.

(New - Not., ed.90, 1961.) In cases where a person has maintained others' rights, shall be summoned as a party as well as the person whose right has been maintained.

16. Unincapacitated persons may perform on their own all legal actions.

Minors as well as persons placed under full legal incapacity shall be represented by the legal representatives - parents or guardians. Persons not having attained full majority or placed under limited incapacity shall perform legal actions before the court with the agreement of their parents or guardians.

Persons not having attained full majority may conduct their actions on their own when they entail employment disputes or when they concern transactions under Art.4, para.3 of the Persons and Family Act.

Persons declared missing or absent shall be represented in the first case - by quarter pointed representatives and in the second by legatees who have entered into possession.

Persons with undetermined residence shall be represented by others officially appointed by court.

In cases of conflict of interests between the represented and the representative the court shall appoint a special representative.

17. The representatives stipulated in Paras 2,4 & 5 of the preceding Article may perform actions for which in connection with Article 22 an express power of attorney is envisaged only with express approval of the court before which the case is revealed.

18. State enterprises, state banks, cooperatives, public organizations and other legal persons shall be represented before the court according to the procedure provided for in legislative acts, in their documents of constitution and other statutory acts. In the absence of such prescriptions, they shall be represented by two members of their managing organs.

State institutions shall be represented by their directors, set out in accordance with their documents of association. When the State institution does not have a separate account at the Bulgarian National Bank, court actions shall be performed only half and with regard to the state institution which possesses such account and to which the former is directly subordinate.

(New - Not., ed.90, 1961.) The state shall be represented by the minister of finance.

19. In actions directly concerned with principal capital means, along with the state enterprise, the Ministry of Finance may be a party.

State institutions are obligated to inform the minister of finance with regard to all actions entered against them. The Ministry of Finance may participate in all such actions.

20. Representatives of the parties on the basis of power of attorney may be:

(Amends. - State Gazette, ed.27, 1986.) Trade unions and their affiliates may be represented by workers and employees in accordance with Art.45. of the Labour Code.

(New - Not., ed.90 of 1961.) A lawyer who is the spouse, brother or sister or relation in direct lineage to the judge, prosecutor or member of the jury who participates in the hearing of the case shall not be allowed to be counsel in the action.

21. Representatives shall present an affidavit signed by the party or its legal representative.

For the presentation of actions as to civil status, including matrimonial actions an express power of attorney is needed.

22. The general power of attorney accords the right to perform all legal actions, including the right to receive deposited costs and supra power of attorney.

For the conclusion of an agreement for the reduction, withdrawal or denial of action, for the acceptance of the claims of the other party for receiving moneys or other valuables as well as all other actions constituting management of the subject of the action, an express power of attorney shall be required. The legal counselors of state institutions and enterprises may not conclude such agreements.

The power of attorney shall be in force up to the conclusion of the case in all courts unless otherwise provided.

23. The client shall have the right to withdraw at any given time his power of attorney, by informing the court, which shall not halt the hearing of the case. All actions legally performed by the person empowered up to the withdrawal of the power of attorney shall remain in force.

24. In the case of death, mental incapacity, all denial of rights of the person empowered the course of the case shall not be interrupted, but may be postponed for a later hearing if the court shall find that the above mentioned circumstances could not have been known to the party or that the latter has learned of them at such a time as to have been precluded from substituting the person empowered with another in due time.

25. The court at all points in the course of the hearings ex-officio takes into consideration the lack of procedural personality, legal power of attorney, parental consent or that of the guardian with regard to the maintaining of the action as well as with regard to the lack of power of attorney with regard to the latter.

The court shall determine the requisite time limit for remedying the above mentioned defect, after which if not remedied, the action should be stopped.

When the above mentioned defects regard the implementation of a procedural action in the course of the hearing, if they be not remedied within the time limit prescribed by the court, they shall be deemed as not having been performed.

26. The party, wishing to execute an essential procedural action with regard to a person who is not possessed of procedural personality and which does not have a legal representative or guardian, may require of the court before which the case is pending to appoint such guardian.

Costs for the appointment of such guardian shall be initially borne by the party on whose request the guardian has been appointed.

27. The prosecutor may initiate the actions envisaged in the present Code in the interest of a third party or may enter as a party to an already initiated action in cases expressly prescribed by law as well as in cases when he feels that the defense of vital state and public interests require it.

Apart from that the prosecutor draws up conclusions with regard to civil cases expressly provided by law and when he deems this necessary.

28. When the court finds that the participation of the prosecutor in the particular case is necessary it informs him of this.

29. The prosecutor shall exercise the right provided to him by law in accordance with the procedure established as to the parties in the action.

The prosecutor may not perform such actions as may be construed as management with regard to the subject of the case.

30. The prosecutor may appeal all court rulings which are subject to appeal even though he is not a party to the proceedings. The time limit for appeal shall be deemed to have started as of the formal reading of the court's decision.

(App. - Not.,ed.90 of 1961.) The person on whose behalf the prosecutor has instigated the action before the court may at any time enter the case as a formal party to it. In the cases envisaged under Art. 27, the court ex-officio summons the person in whose interest the prosecutor has instigated the action.

32. The terms for proceedings where not expressly prescribed by law, shall be determined by the court.

The terms shall be measured in months, weeks, and days.

33. A term which is to be measured in months shall expire on the respective last date of the last month, and if the last month does not have the respective date the term shall expire on the last date of that month.

A term which is to be measured in weeks, expires on the respective day of the last week.

A term which is to be measured in days shall be calculated as of the day following the one as of which the term begins to run and expires at the end of the last day.

When the term expires on a non-working day, that day shall not be counted in and the tern shall expire on the next working day.

34. The last day of a term shall run up to end of the twenty-fourth hour, but if something is to be performed or presented before the court the term shall expire at the moment of the end of working hours.

(Amends. - Not., ed. 90 of 1961.) The term shall not be deemed forfeited, when the sending of the request has been done by mail or when it has been entered in another court, the prosecutor's office or another jurisdiction within the prescribed time limit.

35. On cessation of proceedings all initiated but not expired terms shall be halted. In such cases the halting of the term begins on the occurrence of the event on the basis of which proceedings have been halted.

36. The legal terms and those determined by the court may be prolonged on the request of the interested party which has been entered before the expiry of the term if the court honours such a request.

The above stated prescription shall not be relevant with regard to the lodging of complaints.

37. A party which has missed the term prescribed by law or determined by the court may request its reinstatement if it proves that the remission was due to unforeseen special circumstances.

The request for reinstitution of the term shall be entered within seven days of the notice of its remission.

38. When the court due to an error determines a term longer than that provided by law all actions performed after the legally prescribed term but before the term determined by the court shall not be regarded as delayed.

39. The request for the reinstitution of the missed term shall be allowed by the court before which the delayed action should have been performed and with the express summoning of the parties.

Together with the request of the reinstitution of the term all papers with regard to which the reinstitution of the term has been requested should be presented, and with regard if the deposition of sums for costs the court shall determine a new term for their disposition.

Against the ruling of the court which allows or denies the reinstitution of the term private grievance may be entered.

40. The procedural actions performed after the expiry of the term shall not be taken into account by the court unless otherwise prescribed.

41. (Amends. - State Gazette, ed.89, 1976, & ed.28,1983.) The serving of summons is performed by the respective officer of the court who by his signature attests to the date and manner of serving.

If at the place where the serving should be executed there is no judicial institution the serving shall be performed by the regional people's council or the mayor's office.

Summons may be served by mail, by registered letter with return receipt.

In exceptional cases summonsing may be done by telephone, telex or telegramme. Summonsing by telex or telephone shall be attested in writing by the official who has performed it and the summonsing by telegramme - by return receipt for serving.

All parties should be summoned not later than seven days prior to the court hearing.

42. The party may designate a person residing at the municipality of the court (court address) to which all notices or summonses should be served.

If several plaintiffs or respondents have designated a common court address or a common representative, a summons enumerating the names of all persons is issued.

43. All contacts of the court with persons or institutions outside the Republic of Bulgaria shall be carried out through and with the assistance of the Ministry of Foreign Affairs.

44. (Amends. - State Gazette, ed.89, 1976.) A party resident or having been abroad for more than thirty days is obligated to a court address if the latter does not have a legal representative in the Republic of Bulgaria. The same obligation equally applies as regards the legal representative, the guardian of the respective party, should the latter travel abroad.

Should the persons mentioned in the above Para not point out a court address, all documents become part of the court case and shall be deemed as serviced. With regard to the said mentioned consequences they shall be duly informed by the court at the time of serving the first summons, notice or other documents.

45. The summons shall include: the court of issue, the name and address of the person summoned, with regard to which action and in what capacity the latter is summoned, the time and place of hearing, as well as the legal consequences of non-appearance.

46. (Amends. - State Gazette, ed.89, 1976.) The summons is serviced after a placing a personal signature of the party or its representative in the case. In cases when the person is incapacitated the summons is serviced to its legal representative or guardian or canceled in the particular case.

When the servicer does not find the person summoned the latter services the summons to a person of full majority of its household, and in cases where such is not to be found - to the housekeeper, a member of the managing council of the condominium or one of the neighbours if such are prepared to accept it. The person through which the serving takes effect signs the receipt with the express obligation to present the summons to the party to which it is addressed. The servicer attests by his signature the date and manner of serving, as well as by designating the capacity of the person to whom the summons was serviced.

When the legal representative in the action is a lawyer and the servicer does not reach him he or she services the summons to the secretary of the legal office or another subordinate. They are obligated to accept the summons and to service it on the legal council.

47. When the person or persons envisaged in Para.2 of the previous Article, are unable to sign due to illiteracy or for some other reason, or if the person summoned or members of his or her household refuse to accept the summons, the servicer makes a note of this on the receipt. Refusal to accept a summons shall be witnessed by the signature of at least one witness. In such cases the party is deemed properly summoned.

48. The serving of summonses to public institutions, enterprises and public organizations shall be carried out in their general office, and to any one of the persons empowered to deal with documents.

49. (Amends. - State Gazette, ed.28, 1983.) As regards employees and workers in state institutions, enterprises, cooperatives and public organizations the summons may be serviced in person at the place of work and if not found there - to any one of the officials stipulated in the preceding Article at the Section where they receive their salary.

50. If at the time of initiation of court proceedings the place of residence and address of the respondent are not known the latter shall be summoned through publication in the supplement to "Notices of the Presidium of the National Assembly", performed not less than one month prior to the court hearing. The court shall allow this form of summonsing when it has been officially confirmed through references to the respective office of address and registration or other means, that the place of residence of the respondent is truly unknown.

If in spite of the publication the respondent does not appear before the court at the time of hearings, the court appoints an official representative.

51. (Sec.I - (Amends. - State Gazette, ed.89, 1976, & ed.28,1983.) A party which has permanently or temporarily changed the address entered on the action or which has once been properly summoned, shall notify the court with regard to its new address. The same obligation applies with regard to the person designated as concerns court address, legal representative and the guardian. The said obligation is entered on the summons.

In breach of the above-mentioned obligation and in cases where the servicer is unable to ascertain the new address or the address at which the party temporarily resides, the summons is attached to the court papers and is deemed as serviced.

In accordance with the procedure set out in the preceeding articles, all papers and notices relevant to the case shall be serviced.

53. With regard to all cases state fees as well as court costs shall be collected.

54. State taxes shall be collected in cases and amounts expressly stipulated in The State Taxes and Tariffs Act and the schedules attached to it.

55. The state fee shall be collected on the basis of the proportion of the action, which shall be determined by:

With regard to actions not specifically mentioned above, or with regard to actions for payments which cannot be evaluated, the fee shall be determined by the regional court or its president.

(Former Sec.4 - State Gazette, ed.55,1987.) When with one request several actions are sought, the value of the action shall be equal to the sum of various requests.

56. The value of the action shall be designated by the plaintiff. The issue regarding the value of the action may be raised by the respondent or ex-officio by the court not later than the first hearing. In cases of discrepancy between the designated and the real value the court determines the amount of the request.

The resolution of the court increasing the amount of the action is liable to appeal by a private petition.

57. In case of actions with regard to which at the moment of service difficulties appear as to valuation, the court shall make a proximate evaluation with regard to which eventually an additional fee of the reimbursement of a higher fee shall be performed when the court makes a final ruling.

58. In cases of reduction of the actionable amount the fee deposited shall not be returnable. In cases of increase of the actionable amount the respective fee shall be increased and deposited.

59. The sums expended on the summonsing of witnesses, expert witnesses and expert evaluations shall be deposited in advance at the court by the party requesting to an amount determined by the court. If the summonsing or expert evaluation has been performed at the request of the court the sums collectable may be requested from one or both parties with regard to the circumstances.

60. If one of the parties owes costs the court rules for their mandatory collection.

61. Remuneration for witnesses, workers or employees shall be determined with regard to the median day wage for the particular municipality, travel expenses and all other expenses incurred. The proportion of remuneration equal to the median day wage shall be entered on account of the State or the enterprise whereas the worker or employee shall receive his working wage from the institution or the state enterprise - Art.65, Para.2 of the Labour Code.

A witness who is not a worker or an employee may not receive remuneration higher than the median daily working wage at the particular municipality plus travel and other expenses.

62. Remuneration for expert witnesses shall be determined by the court with regard to the work they have performed and the expenses incurred.

63. Taxes and costs in court actions shall not be deposited by:

In the above-mentioned cases court costs shall be paid through sums provided for in the state budget.

If the action succeeds all subsequent taxes and paid costs shall be for the account of the losing party.

State institutions and the Bulgarian Red Cross shall be exempt from the payment of taxes but not from the payment of costs.

64. The taxes paid by the plaintiff as well as legal costs and counsel's costs, if such has been engaged, shall be paid by the respondent in proportion to the part of the request awarded by the court.

The respondent has an equal right to request the reimbursement of expenses incurred by him in proportion to the rescinded part of the request.

The respondent has the right to costs in case of termination of proceedings.

When the case has been resolved in favour of a state institution, the plaintiff shall pay to it all taxes relevant to individual citizens. In favour of state institutions and enterprises, cooperatives and other public organizations shall be awarded all legal fees if they have been represented by their own legal advisors.

65. (Para.1.Amends. - Not., ed.90, 1961, & State Gazette, ed.28,1983.) A party which causes delay of hearings or repealing of a decision through presentation of requests, designations of facts evidence which the latter could have presented or designated in due time, shall bear irrespective of the end result of the case costs for the new hearing, respectively the appeal of the decision and the fresh collection of already gathered evidence, costs of the respondent and its representative for appearing before the court as well as shell pay an additional state fee to the amount of 1/3 of the initial one, but not less than 20 levs.

If the respondent through his action has not given cause for the initiation of proceedings or accepts the request all costs shall be for the account of the plaintiff.

66. In case of agreement all costs shall be borne by parties to the amounts incurred by each one unless otherwise agreed.

67. A third party - aider and abettor neither owes nor receives costs.

68. When in the case the prosecutor appears as a party the respective costs shall be awarded to the state or be paid by it.

69. Costs connected with the implementation of the decision shall be for the account of the respondent except in the following cases:

70. (Amends. - State Gazette, ed.55, 1987.) The court's decision with regard to costs as well as with regard to additional state taxes in connection with Art.61.1, may be appealed by private petition if the decision itself is not under appeal.

70a. (New - State Gazette, ed.1, 1963.) The sums deposited for costs of witnesses, expert witnesses, business trips and guarantees in moneys or valuables shall go in to the state budget if not claimed within three years as of the date on which they have been due.

71. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) If the witness or expert witness duly summoned does not appear before the court due to mitigating circumstances the court shall levy a fine up to 400 levs in accordance with his material status and circumstances and shall request his compulsory presence at the next court hearing.

72. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) If a witness or expert witness refuses to give evidence or analysis without mitigating circumstances the court shall fine him up to 1,000 levs.

73. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) If a third party refuses to present a document or object for investigation requested by the court, with regard to which it has been established that it is in his position the court levies a fine of 1,000 levs and requests that it be presented before the court.

74. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) An official who has wrongfully serviced a summons and who has not in due time presented the court with the receipt of service, or who has not performed other actions requested by the court, as well as persons who do not perform their duties in connection with Art.46, Para.2, shall be served with a fine up to 499 levs.

75. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) For contempt of court as well as for refusal to execute the rulings of the chairman of the court the guilty party shall be served with a fine up to 400 levs.

76. (Amends. - State Gazette, ed.20,1983.) Within a period of seven days after the imposition of the fine a complaint may be lodged before the court which has imposed it. The term shall commence as of the day of the respective court session and in cases under Art.73 & 74 - as of the day of notice. The court shall review the complaint in a closed session and if it accepts the stated reasons as founded, it shall reduce or rescind the fine as well as the ruling for compulsory appearance. The ruling is liable to appeal through a private complaint when the fine exceeds 20 levs.

77. Fines envisaged in Art.71-75 may be levied by the officer of the court in cases of untimely or irregular serving of summonses or notices as well as with regard to the non-compliance of other of his rulings.

(Para. 2, Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) The latter shall levy a fine of up to 100,000 levs to persons who obstruct an additional investigation of the object declared for sale.

78. The resolution through which the officer of the court levies a respective fine may be appealed within a period of seven days of the notice before the regional judge who in closed session resolves the issue which may not be appealed.

79. All civil cases fall under the jurisdiction of the regional courts except those which fall under the jurisdiction of the municipal courts as first instance.

(Para. 2 rep.-SG, is.55 of 1962)

80. (Amends. - Not., ed.90,1961, State Gazette, ed.28, 1983 & ed.55, 1992.) The municipal court has jurisdiction as court of first instance:

The court of higher instance may request and resolve a case falling under the jurisdiction of a court which is within its region of full jurisdiction.

81. The action shall be presented before the court in whose region the respondent resides.

Actions for alimony may be brought before the courts of residence of the plaintiff.

82. Actions against minors or persons placed under full legal incapacity shall be entered at the place of residence of the legal representative.

83. Actions regarding propriety rights over realty, partition of co-owned property, for setting boundaries and rights of ownership shall be presented as re lex-situs.

84. Actions regarding inheritance, for annulment or reduction of testaments, for division of inheritance or annulment of voluntary division shall be presented re ex-lege.

If the testator is a Bulgarian citizen and at the time of death did not reside in the People's Republic the above-mentioned actions may be raised at his last place of residence or before the court in whose region his properties are sitting.

85. Actions for damages resulting of unlawful actions shall be raised at the place of execution or the place of residence of the perpetrator.

86. Actions against persons which reside in one place in conditions, which by their essence reveal, the said persons are at the above-mentioned place for reasons of continuous residence, such as students, cadets, school children, etc. fall under the jurisdiction of the court at a place where they reside, when the actions and claims concern moneys. The same applies with regard to military personnel - para military personnel which are doing military service. Claims against them fall under the jurisdiction at a court where their military units are stationed.

87. Claims against plaintiffs from different regions all with regard to property on the territory of various court jurisdictions shall be entered at the discretion of the plaintiff before the court of one of these regions.

88. Claims against a person with unknown whereabouts shall be presented before the court of residence of his representative or if such does not exist - at a place of residence of the plaintiff.

The same procedure applies with regard to respondent who does not reside on the territory of the People's Republic.

In cases when even the plaintiff does not reside in the Republic the claim shall be presented before the respective court in Sofia.

89. Claims against state institutions and enterprises, cooperatives and public organizations and other legal persons shall be presented before the court in whose region their place of management is situated. With regard to disputes arising from dealings with their subsidiaries or branches, claims may be raised at the place of their residence.

(New - Not. ed. 90, 1961.) Claims against the state apart from cases in Art.83 & 84 shall be raised before the court in whose region the disputed legal relation has arisen; when the latter has arisen abroad the claim shall be presented before the courts in Sofia.

90. The jurisdiction prescribed by law may not be altered through agreement by the parties to the action.

91. By agreement, entered into writing the parties may designate for review with regard to a specific proprietary dispute another court, other than the one under whose jurisdiction it falls with regard to local rules of jurisdiction. The latter stipulation shall not be apply as regards jurisdiction under Art.83.

92. Each court shall decide whether the action initiated before it falls under its jurisdiction.

Claims against lack of jurisdiction with regard to a given case may be raised up to the preclusion of proceedings at the court of review or by the court ex-officio.

Claims against lack of jurisdiction of the action as to lex-situs of realty may be entered by the party or raised ex-officio by the court up to the preclusion of public hearings at the court of first instance.

In all other cases counter actions with regard to lack of jurisdiction as to a given case may be raised or entered by the respondent not later than the first session of court.

Simultaneously with the entry of a counter action the party shall present its evidence.

93. If the court finds that a given case does not fall within its jurisdiction, it sends it to the respective court. As of this moment the claim is deemed as pending as of the day of presentation of the claim before the respective court bearing in mind that all actions performed by the latter remain in force.

(New - Not. ed. 90, 1961.) Disputes as to jurisdiction between regional courts shall be resolved by the municipal court. Disputes with regard to jurisdiction in which the municipal court is a party as well as such where regional courts from different regions are parties shall be resolved by the High Court.

All changes of circumstances in the facts regarding the claim occurring after its entry and concerning the issue of jurisdiction shall not be deemed sufficient grounds for re-assignment of the case.

94. The decision of the municipal court may not be annulled purely on the grounds that it fell under the jurisdiction of the regional court.

95. When in the same court or in different courts there are pending cases as between the same parties, on the same grounds and on the basis of the same claim the later claim shall be stopped ex-officio by the court.

When the above-mentioned stoppage has been decreed by the court of second instance it overrules the decisions of the court of first instance.

96. When under the rules prescribed in the present chapter the competent court may not be determined on the request of the party the High Court in closed session determines the court before which the claim should be raised.

97. Anyone may raise a claim with regard to the restitution of one's rights when they have been breached or with regard to constituting of the existence or non-existence of legal relations or rights when one has a vested interest in this.

Claims and actions may be raised for the legal sanction of the respondent to perform continuous duties even though their performance may take place after the court's decision as to them.

Actions may be raised with regard to the disclosure of the authenticity of a given document. Claims with regard to the establishment of the existence or non-existence of facts of legal significance shall be admissible only in the cases expressly provided by the law.

(Para.4, Amends. - State Gazette, iss. 28, 1983, & iss.55, 1987.) Claims with regard to the establishment of evidence of a crime which is relevant to a given civil case or for the repeal of a court ruling which has already entered into force is admissible in cases where criminal proceedings have be instigated or where they have been suspended for the reasons set out in Art.21,Para.1, Subsec. 2-5 or when it has been halted for one of the reasons set out in Art.22, Subsec.2, and 22a of the Code of Criminal Procedure or where the perpetrator of the act remains unknown.

98. (Amends. - State Gazette, iss. 28, 1983.) Claims should be written in Bulgarian and must contain:

The plaintiff shall state all proof and, with regards to the circumstances on which the claim is based, present it in writing in the request.

If the person entering the request does not know how or is incapable of signing the request, it shall be signed by a person entrusted by the claimant, and the claimant shall state the reasons for not signing it personally.

99. The claim request shall be appended by:

100. In cases when the claim does not satisfy the conditions stated in the two previous Articles, the plaintiff is sent a notice to deal with the standing irregularities in a seven-day period. When the address of the claimant is unknown or nor given to the court, the noticing is carried out by placing a notice at a specially prescribed place at the seat of the court for a period of one week.

If the claimant does not remove the irregularities in the due period of time, the claim and the appendices to it are returned to him, and if the address is unknown, the claim is left with the office of the court at the disposition of the plaintiff. A private claim may be entered against the returning of the claim, but no official copy for serving is presented.

When irregularities of the claim are registered in the course of proceedings, the case is dealt with in the same way.

The corrected claim is considered regular as of the date of its entering.

The official of the court who gives course to the claim in cases when the full state fee has not been paid, is liable under Art. 6 of the State Fees Act.

101. When the case requires the presentation of documents the party may present an official copy of the document, but in all such cases when instructed by the court to present the original, the latter shall be obligated to do so. If the party fails to do as instructed, the copy presented shall be struck by the court as evidence in the litigation.

102. A copy of the written claim of action along with copies of all relevant documents shall be handed to the claimant together with the summons for the initial hearing.

103. The plaintiff may by a single claim against the same respondent enter several actions if the latter fall under the jurisdiction of the same court and if the prescribed procedure for their review is the same.

In cases where claims entered are not due for review under the conditions of the same procedure or where the court finds that their simultaneous review would be considerably burdensome, it shall rule that they be heard separately.

104. Not later than the first sitting of the court the respondent may enter a counter-claim if the latter by its nature falls under the jurisdiction of the same court and is in direct connection with the initial claim or where claim-reductions can be made.

The entry of a counter-claim shall be executed according to rules prescribe with regard to claims. All defects of the counter-claim should be remedied not later than within the course of the same court hearing. In all other cases the counter-claim shall be reviewed in a separate court hearing.

105. The hearing of cases shall be performed orally in open court apart from instances where the law prescribes that it be performed in closed session.

If due to the circumstances of the case its public hearing may prove detrimental to the public interest or if the set circumstances concern the intimate private life of the parties, the court shall ex-officio or at the request of any one of the parties rule, that the case be heard or the performance of certain legal actions with regard to the case be done in the closed session. In such cases only the parties, their legal representatives, expert and other witnesses as well as persons expressly designated by the chairman of the court may be present in the court room.

106. The chairman presides over the hearings personally. He is responsible for observance of order in the courtroom and may remove anyone who does not abide by this order.

107. Failure to appear by one of the parties which has been duly summoned shall not compromise the hearing of the case. The court however proceeds with the hearing only after it has reviewed the cases with regard to which the parties have appeared.

The court shall postpone the hearing if the party or its representative does not appear due to sudden illness or other incapacity.

108. During the first court session after resolution of preliminary questions and those concerning the regularity of the request for action, the chairman or one of the members presents an oral report after which the court proceeds with the ascertainment of the factual side of the dispute.

(New - Not., iss.90, 1961.) In actions brought against institutions on the state budget, the plaintiff shall present not later than in the course of the first session that he or she has filed the complaint before the institution for the satisfaction of the request the subject of the action and that the said institution has refused to satisfy it or has not stated reasons for this within a one month period. If such a document has not been presented the court postpones the case on the motion of the respondent at the same time giving the latter an adequate time limit within which to present his viewpoint with regard to the action.

109. In the above-mentioned session each party shall present and argument all its requests and objections and review all circumstances raised by the other party. Following this the court invites the parties to reach mutual agreement. If such agreement has not been reached, on the motion of the court the respondent presents his or her evidence and the plaintiff his or her additional evidence if such exists.

The court puts forth questions to the parties regarding the factual allegations of the opposite party. The answers with regard to these questions are briefly reviewed by the chairman of the court in order that they may be entered on the official protocol.

The court shall instruct the parties that some of the circumstances of relevance to the case cannot be construed as evidence.

With regard to various stipulations of the parties the court may decide that they need not be proved by concrete evidence. This shall be entered on the protocol.

110. (New - Not., iss.90, 1961, amends., iss.99, 1961.) During the first session the parties shall present all their written evidence as regard the factual situation and designate further evidence and circumstances which shall be established by them.

By way of exception during the following session the parties may designate new circumstances and present new evidence only if the latter are essential as concerns the equitable resolution of the case, or which they attest as not being possible for presentation or designation at the first session.

The court bearing in mind its obligation for a full and fair investigation of the subject matter may on its own initiative postpone the hearing for the gathering of new evidence or proof of circumstances, only if it decides that in their absence the case will remain factually unresolved and this would present a hindrance for a proper ruling.

111. (Prev. iss.110 - Not., iss.90, 1961.) The court rules by a resolution with regard to the admission of evidence and the manner in which they are collected.

(Prev.para.1 - Not., iss.90, 1961.) The terms set out by the court with regard to the presentation of evidence and for the deposition of costs shall be deemed to run as of the day of the hearing even with regard to the party which has not entered presence.

(Prev.para.2 - Not., iss.90, 1961.) The witnesses and expert witnesses costs for which have not been deposited within the designated time limit shall not be summoned, but the party may bring them for the court sitting.

112. When various of the evidence are to be found outside the jurisdiction of the court and it is not essential that they be collected by it, it delegates to the respective regional judge to collect them.

The court informs the judge to whom the delegation is addressed the term within which the evidence shall be collected and if possible the date of the next hearing.

The judge to whom the obligation has been delegated rules by resolution with regard to all circumstances regarding the delegation.

113. (Resc. - Not., iss.90, 1961.)

114. In all circumstances at the hearing the court may rule that the party appears in person in order to be questioned with regard to circumstances relevant to the case.

115. (Para.1, amends - State Gazette, iss.28, 1983.) When the hearings are postponed the court designates the date of the next hearing and the parties appearing before them shall be deemed properly summoned.

The witnesses who have appeared before the court shall be questioned at that particular hearing unless the court deems it proper that all witnesses be questioned together. An additional summoning of a witness who has already been questioned shall be permitted only in exceptional circumstances.

116. The plaintiff may in all cases during the course of hearings before the court at first instance alter the basis of the action if with regard to the defense of the respondent the court deems this reasonable. The plaintiff may also, without altering the basis of his claim, increase or decrease the amount of the perspective damages. He may by the closing of oral presentations go from a constitutive claim to a punitive one or vice versa.

When in the absence of the respondent the plaintiff alters his claim, he should do so by written request a copy of which shall be presented to the respondent.

(Para.3, amends - State Gazette, iss.28, 1983.) The claim shall not be deemed as having been increased for reasons of compiling of past interests or the collection of yields from the subject matter after its instigation.

117. The alteration of the action through the substitution of one of the parties with a third party is in all cases admissible before the court of first instance with the agreement of both parties as well as the third party which is to become a party to the case.

The agreement of the respondent shall not be necessary when the plaintiff drops the action against him.

(Amends. - Not., iss.90, 1961.) Under the stipulation of the subceding subpara the plaintiff may present his claim against a plaintiff who does not agree to become a party to the case. However in such cases the claim against the new plaintiff shall be deemed as presented as of the day on which the claim of action against him has been presented before the court.

118. By the preclusion of oral hearings before the court of first instance the plaintiff as well as the respondent may petition the court to present its decision as well as to rule with regard to the existence or non-existence of a given legal relationship which is relevant in whole or in part with regard to the outcome of the case.

119. The plaintiff may withdraw his claim without the agreement of the respondent before the conclusion of the hearing of the case. Should the plaintiff reinstate the same claim he may use the evidence already gathered with regard to the new hearing if for their renewed collection there exist insurmountable circumstances.

The plaintiff may forefeit in whole or in part the disputed legal right at any one time during the hearing of the case. In such instances he is precluded from reinstating the same claim. When the forfeiture has been made before the court of second instance, the decisions of the court of first instances shall be deemed rescinded.

120. When a party dies or a legal person ceases to exist the court action shall continue with regard to the legal successor.

121. If during the course of the action the legal right under dispute has been transferred to a third party, the case continues as between the initial parties.

The new bearer of the legal right may enter or be drawn in the action as a third party. He may substitute the initial holder of the legal right only under the conditions stipulated in Art. 117, Para1.

The court decision shall in all cases be construed as res-judicata with regard to the legal successor with the exception of actions with regard to entry on the registers, when the subject matter is realty (Art.114, LP) or with regard to acquisition of property through ownership in good faith (Art.78, LP) when movable property is concerned.

122. When during the course of court hearings it becomes evident that the outcome of the case concerns a state institution or enterprise, cooperative or other public organizations which are not party to the case the court shall notify the respective institution, enterprise or organizations and postpone hearings in order to give them proper time to enter proceedings.

123. When before the court there are several pending cases regarding the same plaintiff and respondent or which have a natural connection between them, the court may join the claims in one action and to rule with a common decision with regard to them.

124. Before proceeding to a decision the court once again summons the parties to a joint agreement if the essence of the dispute allows for it.

125. All agreements which do not contravene the law or the rules of socialist co-existence shall be entered on a protocol sanctioned by the court and signed by it and the parties.

When the prosecutor appears as a party to the case the court shall sanction the agreement after taking into consideration his opinion.

The court agreement has the same significance as a court decision entered into force and is not liable to appeal before a higher court.

When the agreement concerns only part of the dispute the court shall continue the hearings with regard to the subject matter still under dispute.

126. (App., State Gazette, iss.28, 1983.) With regard to the hearing of the case a protocol shall be made out on which shall be entered the time and place of the hearings the composition of the court, the parties' appearing, the subject matter of presentations, the claims and stipulations of the parties, the written evidence presented, the evidence of witnesses and other persons in connection with the case, stipulations and findings of the court. The protocol shall be made out under the supervision of the chairman of the court. It shall be prepared within three days of hearings. If within this time limit the protocol is not made out the chairman shall set out a new term for its preparation and shall inform the parties as to it.

The protocol shall be signed by the chairman and the secretary. Changes in the protocol are admissible only on the basis of notes made by the parties with regard to its contents within seven days of its issuance. With regard to the above-mentioned notes the chairman shall comment and rule after summoning the parties and hearing explanations of the secretary.

127. Each party shall prove the circumstances upon which it bases its claims or regulations. Facts of public or common knowledge or those known ex-officio by the court shall not be subject to proof, with regard to which the court shall inform the parties.

Concessions or confessions made before the court by the party or its legal representative shall be viewed in the full context of the circumstances of the case.

128. Facts which by law have been presupposed or accepted as true need not be proved by additional evidence. Challenging of such assumptions shall be sanctioned in all instances apart from those forbidden by law.

With regard to the circumstances as to the case the court may accept as proven facts as to which a party has created hindrances for their collection or facts and evidence with regard to which it has refused to answer, given misleading or misrepresentative answers or has not appeared before the court to answer for them.

129. The court may ex-officio collect evidence as well as investigate those which have already been collected and presented.

When with regard to the ascertaining of a given circumstance a party designates more than one witness, the court has the right to hear only some of them. The other witnesses shall be heard only if those summoned have not proven the disputed issue.

130. When a given action has been proven with regard to its cause but insufficient data exists or has been presented with regard to its amount, the court may establish that amount itself or on the evidence of an expert witness.

131. If gathering of given evidence is questionable or represents proven difficulty, the court may rule that within a designated term it shall be collected after the expiry of which the hearing of the case shall continue outside its presence.

132. The legal norms in force in other states shall be proven by the party, relying on them, when they have not been known or brought to the knowledge of the court.

133. (Amends. - Not., iss.90, 1961.) Witnesses' testimony is admissible unless they concern:

With regard to the stipulations in Subparas c), d), e) and f) witness evidence is admissible only with the expressed agreement of the parties.

134. In cases where the court requires a written document, witness evidence is admissible, only where it has been proven that the document has been lost through no fault of the party.

Witness evidence is admissible also where the party is attempting to prove that the agreement expressed in the document is fictitious and then only if with regard to the case there are written evidence presented by the other party or attesting to its presentations before a state institution which make its protestations with regard to the fictitiousness of its consent probable. This limitation does not apply to third parties or successors, when the agreement is aimed against their interests,

135. No one has the right to refuse to give evidence unless they are:

(New - Not., iss.90, 1961.) Witnesses to the case may not be confidants to the parties in the same case.

136. The evidence given by relatives, the guardian or the foster parent of the party who has summoned the party, the adopted parents and those adopted, those who are engaged in criminal or civil proceedings with the opposite party or its relatives, the legal representatives designated by their confidants, as well as all others who have a vested interest with regard to one of the parties, shall be reviewed by the court in the light of all other circumstances of the case bearing in mind the possibility of prejudice.

137. In case of serious illness, pending travel, or bearing in mind the special public and official status of the witness, the court may rule that the questioning of the latter be performed by a specially empowered member of the court even before the actual date of the hearing as well as outside the premises of the court. With regard to this type of questioning the parties shall be summoned.

138. Before hearing the witness the court takes down his or her particulars and reminds him or her as to the responsibility he bears before the law and the people in case of perjury.

The witness swears to tell the truth.

139. A party may forfeit the questioning of a witness designated by it, but the latter shall be questioned should the other party insist on this or if the court finds that his or her questioning is essential with regard to the ascertainment of the circumstances of the case.

140. Each witness is questioned separately in the presence of the parties who have appeared. Witnesses who have not given evidence may not be present when other witnesses are being questioned.

A witness may be additionally questioned during the same or other session, on his insistence, at the request of the party or on direction by the court.

141. In cases of discrepancies between the evidence presented by witnesses the court may direct that they may be questioned together. The same may be applied with regard to a witness or one of the parties.

142. The force of written evidence shall be determined with regard to the law in force at the time and place where they have been performed. The court judges the evidential force of a document on which there are crossings out, erasures, additional text entered between the lines and other defects in the light of the circumstances of the case.

143. An official document issued by an official within the framework of his duties and in the form and order established, represents evidence of presentations made before him and for actions performed by and before him. Officially registered copies or parts of official documents shall have the same evidential force as the originals.

144. Private documents signed by the parties who have issued them represent evidence of the presentations contained in them as regards those parties.

145. The private document shall have a date of relevance as to third parties as of the date when it was registered or as of the date of death or the occurrence of physical impossibility for a fixing a signature by the person undersigning, or as of the date when the contents of the document has been reproduced in an official document or, lastly - as of the date when the occurrence of some other fact in an unquestionable manner attests to the issuance of the document.

For the ascertainment of the date of receipts for payments made the court may allow all forms of evidence bearing in mind the circumstances of the case.

146. Entry on account books shall be construed by the court in the light of their regularity and the circumstances of the case. They may be used as evidence by the party or organisation who have kept those books.

147. Documents presented in a foreign language must be accompanied by an exact translation into the Bulgarian language. If the court is unable to investigate on its own the veracity of the translation, it summons an expert witness to do so.

148. Official documents and other certificates shall be presented personally by the parties. The court however may on its own require them of the respective institution or to arm the party with a court certificate on the basis of which it can acquire them. The institution shall issue the required documents or present reasons for its refusal to do so.

149. Press materials shall be presented by the parties but when the court through no considerable hardship may avail itself of them, it shall be sufficient that the party mentions where they have been published.

150. A document issued by an incompetent organ or not in the prescribed form, has the relevance of a private document if signed by the parties.

151. A private document issued by an illiterate must bear an imprint of his right thumb instead of a signature and must be undersigned by two witnesses. If the imprint of the right thumb may not be placed the document must designate the reason for this as well as the particular finger with which the imprint was made.

(New - State Gazette, iss.28, 1983.) A private document issued by a blind but literate person must be undersigned by two witnesses.

152. Each party may require of the other to present a document in its possession giving reasons for its significance to the dispute.

153. Each party may by written request addressed to a person not party to the case require the presentation of a document in the latter's possession.

A copy of the request shall be sent to a third party designating the time period for presentation of the document.

A third party who with no justification does not present the required document bears a part of the responsibility envisaged in Art.73, is liable for damages caused to the party.

154. An interested party may challenge the authenticity of a given document not later than the hearing at which it was presented. If the party was not present at the hearing the challenging may take place not later than the next court session.

The court rules that an investigation of the authenticity of the document be performed if the other party states that it wishes to avail itself of it.

The burden of proof as to the authenticity of a given document falls on the party challenging it. When the authenticity of a private document has been challenged which bears the signature of the party which challenges it, the burden of proof as to the authenticity of the document falls on the party which has presented it.

155. The court carries out its investigation through comparison with other unchallenged documents, and through questioning of witnesses or expert-witnesses.

156. After the investigation the court makes a pronouncement as to whether the challenge has been proven or that the document is false. In the latter case its strikes the document from the body of evidence and at the same time sends it to the prosecutor with its motives and grounds.

The court may pronounce itself as to the dispute of the document by its final decision on the case.

157. (Para.1 app. - State Gazette, iss.28, 1983.) An expert-witness is appointed when with regard to the clarification of certain circumstances of the case special knowledge in the field of science, art, crafts, etc., which the court does not possess are necessary. The conclusions are signed by the expert-witness and must be presented with regard to the case at least five days before the court session.

In cases of great complexity of the subject of investigation the court may appoint three expert-witnesses.

The court is not obligated to adopt the conclusions of the expert-witnesses but shall examine them together with the other evidence of the case.

157a (New - State Gazette, iss.89, 1976.) The court appoints expert-witnesses from among specialists designated by the respective state institutions, enterprise, economic entity, public or scientific organisation.

A copy of the direction for the appointment of expert-witnesses is sent to the head of the state institution, economic, public or scientific organisation who is responsible for securing the conditions for carrying out the expertise.

When it is impossible to appoint expert-witnesses in connection with Sec.1 the court appoints as expert-witnesses other persons.

157b (New - State Gazette, iss.89, 1976.) The directive by which the appointment of an expert-witness is made shall contain: the subject and purpose of the expertise; the materials presented to the expert; the name, education, specialty, place of work and position of the expert.

158. As expert-witnesses may not be appointed direct relatives of the parties, spouses, relatives in indirect lineage up to the fourth tier including by marriage to the first tier, as well as persons with a vested interest in the resolution of the case.

(New - State Gazette, iss.89, 1976.) Each one of the parties may request the removal of the expert-witness should anyone of the circumstances mentioned above be present.

159. An expert-witness appointed is relieved of the duties imposed on it, when through illness or incompetence it is unable to perform it. It may refuse in all cases relevant to refusal to bear witness.

160. After taking down the particulars of the expert-witness, the court reminds them of their responsibility before the law and the people with regard the presentation of false or prejudiced conclusions.

The experts swear that they will present their conclusions without any prejudice.

161. In case of divergence between the experts each group presents its own opinion. When the court cannot adopt a viewpoint as to the divergences it directs the same persons to carry out additional investigations or appoints new expert-witnesses.

162. The court may on the request of the parties or on its own initiative direct an inspection of real and movable property or the certification of persons with or without the participation of expert-witnesses.

163. Inspection and certification is allowed not only with regard to the investigation of other evidence, but as evidence in themselves. They are performed by the full composition of the court, a specially empowered member of the court or another court to which this has been delegated.

164. With regard to the certification of the persons the court shall proceed in such manner as not to compromise the personal integrity of those being certified. With regard to the above-mentioned a judge may not participate in person at the certification, instructing the proper experts to do so.

165. When there exists a danger that a particular piece of evidence may be lost or its gathering made difficult, the party may request that that particular evidence be collected beforehand.

166. The request for the securing of evidence shall be presented before the court which is to hear the case or if the case has not yet been instigated - before the regional court of residence of the person to be questioned, or that lex-citus of the property with regard to which the inspection is to be carried out.

A copy of the request for securing is handed to the other party.

The resolution of the court by which the request is repealed is liable to appeal by a private grievance.

167. The court may collect within the same action evidence designated by the other party if they are directly related to those of the requesting party.

168. When the requesting party is unable to point out the name or address of the other party the court appoints a representative of the latter.

169. With regard to the manner for collecting evidence and their force the general rules shall apply.

170. Costs for the collection of evidence are not awarded to the party in the process of their collection. They shall be taken into account later in connection with the resolution of the case.

171. An action may be addressed by several plaintiffs or against several respondents if the subject matter of the dispute are:

172. Each one of the joint parties acts independently. Its procedural actions or inactions neither benefit nor hinder the remaining ones.

When with regard to the essence of the disputed legal right or by prescription of the law, the court's decision shall be the same with regard to all joint parties (legal joining), the actions performed by any one of them shall have significance with regard to the parties who have not appeared or have not performed such actions. In such cases, however, for the conclusion of an agreement or for the withdrawal of an action the consent of all joined parties is needed.

173. If the factual presentations of the joint parties with regard to the same facts cotravene, the court revuse them in connection with all circumstances to the case.

174. A third party may enter the case before the conclusion of the oral presentations, in order to help one of the parties if it has an interest that the decision rules in the latter's favour.

175. Each party may include a third party in the case, when such person has the right to enter proceeding in order to help. The inclusion may be requested not later than the first hearing in written form a copy of which request is handed to the third party. It is up to the third party to decide whether to enter or not enter the proceedings.

A party which has a counter claim against the third party may stake it for joint review with the question before the court not later than the first session.

176. With regard to the inclusion of the third party the court presents a pronouncement. The pronouncement refusing the inclusion of the third party may be appealed by a private grievance.

Inclusion is not allowed if the third party is of unknown place of residence or lives abroad.

177. The third party has the right to perform all procedural actions apart from actions representing dealings with the subject matter of the dispute.

In case of discrepancy between the actions and the explanations of the party and the third party the court reviews them in the light of all circumstances in the case.

178. With the agreement of both parties the person entering or being included in the case may substitute or relieve the party which it is facilitating.

179. The judgement entered has constitutive force as regards relations between the third party and the opposing party.

That which the court has established in its motives to the decision is obligatory with regard to the third party in its relations with the party which it is helping or which has included him, and it may not challenge them on the grounds that the party has conducted the case poorly, unless the latter intentionally or due to grave negligence has failed to present evidence and circumstances not known to the third party.

180. The respondent is relieved from participation in the case if he deposits the sum or object in connection with the directions of the court and includes the person which also stakes individual claims to them. In such cases the action continues solely as between the two creditors. If the person included does not enter the case proceedings are stopped and the sum or object deposited is handed over to the plaintiff.

181. The third party who has individual rights over the subject of the dispute may enter the case by staking a claim against both parties.

The presentation of a claim by a third party is admissible up to the conclusion of oral hearings before the court of first instance.

182. The court halts proceedings:

Under the circumstances provided for in "a" if the prosecutor participates in the case along with one of the parties, his agreement is required for the halting. In the instances provided for in "b", "c", if the oral hearings have concluded proceedings are halted after the pronouncement of the court's decision concerning the action.

(New - Not., iss.90, 1961.) The halting of a case on the basis of mutual agreement of the parties shall be allowed only once within the course of proceedings before the same instance.

183. (Amends. - State Gazette, iss.28, 1983.) Proceedings shall be reinstated ex-officio or on the request of one of the parties, after defects with regard to its continuation have been remedied, or which the court in the cases of death of the plaintiff and those envisaged in "c" to "f" of the preceding Article, institutes the needed measures.

In the case of death of the respondent the plaintiff is obligated within a period of six months to designate his legal successors and addresses or to take up measures for the appointment of an executor of the unclaimed succession or for the summoning of the successors according to the procedure set out in Art.50. Failure to perform these obligations terminates proceedings.

With regard to reinstated proceedings they shall commence as of that point in time at which it was halted.

184. (Amends. - Not., iss.90, 1961.) Proceedings having been halted by mutual consent of the parties shall be terminated if within a period of six months neither one of the parties has requested its reinstatement.

In this case the decision in the case, if such has been declared is void.

In this case Art.119, Para.1, second sentence, shall apply.

185. The pronouncement by which a case is halted, terminated, or reinstatement is refused may be appealed by a private grievance.

186. When the court finds that the case has been fully elucidated it stops oral hearings and proceeds towards pronouncement of its decision.

187. The decision is pronounced after secret consultations in accordance to the majority vote of the judges who have participated in the session in which the hearings have ended.

No judge may abstain from voting.

A judge who is not in agreement with the opinion of the majority signs the decision setting out motives for his opinion.

188. The court reviews all evidence in the case and the stipulations of the parties on its own opinion.

It bases its decision on the circumstances accepted as proven by it and in accordance with the law.

The court shall take into consideration facts which have materialised after the institution of the action if they are relevant to the disputed legal right.

189. The decision shall contain:

To the decision the court attaches the motives upon which it was pronounced.

The decision is signed by all judges having taken part in its pronouncement. If any one of the judges is unable to sign it, the chairman or seniour judge enters upon the decision the reasons for this.

190. The decision along with the motives is pronounced by the chairman within the court session at which the hearing of the case has ended.

(Amends. - Not., iss.90, 1961.) In complicated cases the court may postpone the pronouncement of its decision for up to seven days. The date of pronouncement must be set by the end of review of the case.

191. At the time of pronouncement of the decision the court may postpone or delay its execution with regard to the material situation of the party or other circumstances.

Only in exceptional cases the court may decide this after pronouncement of its ruling. In such cases the court summons the parties and makes a pronouncement which may not be appealed.

(New, Para.3. - State Gazette, iss.28, 1983.) The court may postpone or delay execution of its ruling only once. It may not delay execution of a ruling for which such a delay is expressly provided for by the law.

192. After pronouncement of its decision on the case the court may not change or repeal it on its own.

It may ex-officio or upon the request of one of the parties correct obvious factual mistakes in the decision, and only after summoning the parties.

The ruling as to the correction may be appealed in accordance with the procedure for appealing the decision itself.

(New - Not., iss.90, 1961.) Within the time period for review under the overview procedure the court ex-officio or on the request of the parties may alter the pronounced decision in the part regarding costs. This resolution may be appealed by private grievance.

(New - Not., iss.90, 1961.) The court may invalidate a decision pronounced by it if before its entry into force the parties declare that they have reached agreement and request that the action be terminated.

193. (Amends. - Not., iss.90, 1961.) The party may request that the decision be supplemented if the court has not ruled with regard to its full claims. The request with regard to this may be made within a one month period as of the day of the session at which the decision was pronounced with the motives of the party which was present and with regard to a party which was not present at the time of pronouncement and in the cases envisaged under Art.190, Para.2, the time limit commences on the date of the notification that the decision and motives have been made.

The court reviews the request by summoning the parties and rules with a separate decision which is liable to appeal in accordance with the generally established rules.

194. Disputes as to the interpretation of a decision which has entered into force shall be reviewed by the court which has pronounced it.

Interpretation may not be requested when the decision has been executed.

The decision with regard to interpretation is liable to appeal in accordance to the rules by which the decision which is to be interpreted can be appealed.

195. The court pronounces rulings with regard to matters not directly connected with the essence of the resolution of the dispute.

The rulings which do not terminate the case may be changed or overruled by the same court due to changes in circumstances, mistakes or oversights.

196. Decisions by the regional court may be appealed before the municipal court and the decisions of the municipal courts sitting as first instance - before the Supreme Court of the PRB if in both cases otherwise is not provided.

197. (Amends. - Not., iss.90, 1961.) The request is presented through the court which has made the decision within seven days of the date of the hearing in which the decision was pronounced along with the motives for the party which was present. For the party not present at the session as well as in the cases under Art.190, Para.2. the term for appeal as of the date of notification that the decision and the motives have been prepared.

198. The request shall contain:

199. To the request shall be attached:

If the request does not correspond to the requirements set out in the previous para as well as when it has not been signed, the party is sent notification to remedy the various defects within a period of seven days.

200. The request is not accepted:

In such cases Art.100, Para. 3-5 shall be applied.

The ruling for non-acceptance may be appealed by private grievance.

201. After accepting the request the court sends a copy of it to the other party and the materials to the case alongside the request - to the Higher Court.

202. (Amends. - Not., iss.89, 1953.) If the parties have not been notified by the court of first instance as to the date of hearing of the case before the court of second instance, they shall be summoned: by the Municipal court - according to the rules valid for the courts of first instance and for the Supreme Court - by written summons.

203. At any one point in the case the party may withdraw in part or in whole the request made.

Preliminary refusal of the right of appeal is invalid.

204. Each one of the joint parties to the case may not later than the first session of the court of second instance acceed to the request presented by joint plaintiff or respondent. The accession shall take place through the service of a written request with a copy for the opposite party.

205. Only written evidence and confessions shall be admissible before the court of second instance. They shall be reviewed only with regard to the correctness of the decision under appeal.

(New - Not., iss.90, 1961, State Gazette, iss.28, 1983.) When the court of second instance reviews the case in substance it may collect fresh evidence. It may question again witnesses and experts only if it deems it necessary to hear them in person.

206. The court of second instance is not limited solely to reviewing the basis set out by the parties, but is obligated ex-officio to review in whole the correctness of the decision.

(New - Not., iss.90, 1961.) The court repeals the decision even as regards the part not under appeal, as well as with regard to persons who have not entered a request if the basis for its repeal concern that part or the persons who have not made a request.

207. The court of second instance repeals in whole or in part the decision under appeal:

208. (Amends. - Not., iss.90, 1961, State Gazette, iss.28, 1983.) The court of second instance reviews the request in open session, hears the parties and if the decision is liable to repeal, repeals it and pronounces a new decision with regard to the case.

If the grounds for repeal necessitate the collection of evidence, the court of second instance repeals the decision and pronounces a new decision with regard to the substance of the case after it collects evidence.

The court of second instance returns the case for a fresh review to the court of first instance if it repeals the decision on one of the following grounds:

When the court of second instance returns the case for a fresh review the instructions give by it with regard the interpretation and application of the law are obligatory for the court, the special jurisdiction and the administrative organ to which the case has been returned.

209. (Amends. - Not., iss.90, 1961, State Gazette, iss.28, 1983.) If the case is liable to termination the court of second instance terminates it and at the same time annuls the decision. When the basis for termination is lack of legal grounds or jurisdiction with regard to the dispute the case is sent to the competent court or another organ.

When the decision is nought, the court of the second instance declares the nullity and if the case is not liable for termination returns it to the court of first instance for the pronouncement of a new decision.

The nullity of the decision may be challenged by objection by instigating of an action or in accordance with the procedure for overview without any limitations in time.

210. When the decision of the court of first instance has been repealed for a second time, the court of second instance does not return the case for a fresh review but resolves it in substance on its own.

(Sec.2, altered. - Not. iss.90, 1961.)

211. (Amends. - Not., iss.89, 1953, State Gazette, iss.28, 1983.) As far as no special rules exist with regard to proceedings before the court of review the same rules shall apply as those with regard to proceedings at the court of first instance.

212. (App. - State Gazette, iss.28, 1983.) The Supreme Court, petitioned by the Minister of Justice, the Chief Prosecutor, the Chairman of the Supreme Court, the chairmen of the municipal courts or the lawyers' councils through the Chairman of the Supreme Court in general session of the civil divisions with the participation of the prosecutor issues interpretive decisions with regard to disputed or diversely resolved questions with regard to the application of the law. These decisions are published and serve as guidelines to courts and special jurisdictions, as well as administrative organs whose acts are liable to judicial review.

213. Against rulings of the court private grievances may be presented:

214. Private grievances shall be presented within seven days of pronouncement of the ruling. But if a ruling is being appealed which was pronounced in court session as regards the party present this term runs as of the date of the session.

With regard to private grievances the rules set out in Articles 198 - 200 shall be applied. To the grievance the court ex-officio attaches a copy of the ruling which is being appealed.

215. After accepting the grievance, the court sends a copy to the other party which within the term of three days of receiving it may make objections with regard to the petition.

After the expiry of this term the petition together with the supplements if such have been presented are sent to the Higher Court.

216. The private petition does not halt proceedings in the case, nor does the execution of the ruling appeal unless otherwise prescribed by law. The court of second instance may stop proceedings or the execution of the ruling appealed up to the resolution of the private petition.

217. Private petitions are reviewed in closed sessions. The court if it deems necessary may review the petition in open session.

If it repeals the ruling, the court of second instance resolves the issue connected to the petition on its own. It may if it deems it necessary collect evidence.

The pronounced ruling with regard to the private petition is obligatory with regard to the lower court.

In so far as there are no special rules in this para with regard to proceedings connected to private petitions the respective rules for appeal of decisions shall apply.

218. The above-mentioned stipulations shall apply respectively with regard private petitions against rulings by the Chairman or the regional judge.

219. Into force shall enter decisions:

220. The decision which has entered into force is obligatory as regards the parties and their successors and legal successors for the court which has issued it and for all other courts and institutions in the Republic.

A decision pronounced with regard to actions regarding civil status including matrimonial actions has legal force with regard to everyone.

A decision which has entered into force may not be challenged by the party on the grounds that it was pronounced in fictitious proceedings.

221. The decision enters into force only with regard to the same parties, the same claim and on the same grounds.

The decision enters into force also with regard to the claims and objections for improvements and jointures resolved through it.

222. The decision which has entered into force of the criminal court is obligatory for the civil court before which the civil consequences of the action are reviewed, as concerns the performance of the action, its criminal nature and the guilt of the perpetrator.

223. When the case has been initiated by the prosecutor, the decision which has entered into force is obligatory for the party in whose interest the prosecutor has instigated proceedings as well.

224. A dispute resolved by decision which has entered into force may not be re-reviewed apart from the cases where the law expressly stipulates otherwise.

An action which has been instigated anew shall be ex-officio terminated by the court.

225. (Not., iss.90, 1961, State Gazette, iss.28, 1983, iss.55, 1987 & iss.31, 1990.) The proceedings for review under the overview procedure are instigated at the request of the parties through the organ whose decision is sought to be repealed. A copy of the request shall be handed to the opposite party which may answer within a fourteen day period.

The Chief Prosecutor may make requests for overview proceedings on his own initiative.

Review under the overview procedure is allowed in case of breeches stipulated in Art.207. "a", "b" and "d".

The request or suggestion for review under the overview procedure does not stop the execution of the decision, but the court on the request of the party may stop execution if there exists a real danger for causing irreparable damage.

A review under the overview procedure may not be requested when it is possible to request repeal under Art.231.

226. (Not., iss.90, 1961, State Gazette, iss.28, 1983, iss.55, 1987 & iss.31, 1990.) Request for review may be presented up to two months from the entry into force of the decision and a suggestion for review up to one year.

The terms stipulated in the previous para shall not apply as to decisions for ascertaining working years, accidents at work, professional illness and pension.

227. (Amends., State Gazette, iss.28, 1983 & iss.31, 1990.) The requests and suggestions are heard by a three-member bench of the Supreme Court and when the decision was pronounced by the Supreme Court - by a five-member bench.

The cases are heard in open court with summoning of the parties as well as notification to the Chief Prosecutor's office. Participation of the prosecutor is obligatory when in the court of first instance such participation is obligatory or where the prosecutor's office has made a suggestion for review in connection with the previous para.

Decisions under the previous paras are not liable for review under the overview procedure.

228. (Amends., State Gazette, iss.31, 1990.) With regard to the request for review and proceedings under this chapter the rules for proceedings before the court of second instance shall apply in so far as in this present chapter it is not stipulated differently.

229. (Amends., Not., iss.90, 1961, State Gazette, iss.28, 1983, iss.55, 1987.) When the Supreme Court repeals a decision by a regional or municipal court on the basis set out in Art.207 'a',b' and 'd' it resolves the case in connection with Art.208 - 210.

In cases of repeal of decisions on the basis of Art.207 'b', the Supreme Court may return for fresh investigation by another bench only where the gathering of additional evidence presents special difficulties. In all other cases it decides the case in substance.

In this connection shall apply Art.236 Sec.2.

230. (Amends., State Gazette, iss.55, 1987.) Review under the overview procedure shall not be allowed with regard to decisions for establishing divorce, annulment of marriage or where the marriage has been proclaimed as non-existent.

231. The interested party may request the appeal of a decision which has entered into force:

(Amends., State Gazette, iss.55, 1987.) Repeal of a decision establishing divorce, annulment of marriage or proclamation or non-existence of marriage shall not be allowed.

232. The request for repeal may be presented within one month of learning of the circumstance which forms the grounds for repeal of a decision and the cases of 'e' and 'f' of the previous article - as of the date on which the party or its representative have learnt of the decision. But in all cases the request may not be presented later than the expiry of one year of the grounds for repeal.

(New - Not., iss.90, 1961.) The request is presented through the court of first instance. To it shall be attached a copy which is handed to the opposite side. It may present an answer within seven days of receiving the copy.

233. (Para.1 amends. - Not., iss.90, 1961.) The Chief Prosecutor of the Republic and the Chairman of the Supreme Court may request repeal of decisions which have entered into force on the grounds set out in Art.231 up to three years as of the appearance of the grounds for repeal.

Repeal of the decision within the time limit set out in Art.232 may be sought by a person with regard to whom the decision is in force, eve though it was not a party to the case (Art.172, Para.2)

234. The request for repeal is reviewed by the Supreme Court in open session.

(Amends. - State Gazette, iss.28, 1983) If it finds the request grounded, the Supreme Court repeals the decision in whole or in part and returns the case for a fresh review in the respective court by a different bench, setting out expressly as of what point the new review of the case shall proceed.

(Amends. - Not., iss.90, 1961.) If the case is under Art.231 'd' the Supreme Court repeals the irregular decisions.

235. In the course of the further review of the case the decision in connection with which it has been repealed the general rules shall apply.

236. The presentation of a request for repeal does not stop the execution of the decision. The court however, on the insistence of the party may stop execution if there exists real danger for causing irreparable damages.

If the decision is repealed its execution is stopped. In the case where the new decision is different from the previous on the respective stipulations of Art.241, Para.3, second sentence shall apply.

237. Compulsory performance shall be carried out:

238. The court proclaims preliminary execution of the decision when it rules with regard to alimony or remuneration from work.

The court may allow upon the request of the plaintiff preliminary execution of its decision when:

In the instances envisaged in the preceding para the court may obligate the plaintiff to present sufficient guarantees.

239. Initial execution shall not be allowed even if backed by a guarantee if as a result of the execution the respondent may suffer irreparable damages or such damage which cannot be fiscally adjudged. This shall not apply with regard to alimony or remuneration for services performed.

Initial execution as against state institutions shall not be allowed.

240. The ruling with which initial execution is allowed or refused may be appealed by a private petition.

241. The debtor against whom initial execution has been allowed may in all case outside those under Art.238, Para.1 stop execution by presenting a guarantee for the claimant in accordance with articles 180 & 181 of the Obligations and Contracts Act.

Execution is stopped when the decision appeal has been repealed by the higher court.

If after that the claim has been repealed by a decision having entered into force, execution is stopped. In such cases the court which has published the decision issues an executive writ to the debtor against the claimant for the return of the sums and objects which have been received on the basis of the preliminary execution of the repealed decision which has been allowed.

242. An executive writ shall be issued upon the written request of the claimant on the basis of one of the actions set out in Art.237. A copy of the request shall not be presented to the debtor.

(Amends. - Not., iss.90, 1961., State Gazette, iss.60, 1988 & iss.93, 1993.) The request shall be presented in the instances under Art.237 'a' and 'b' - to the court of first instance which has reviewed the case, and with regard to the courts of arbitration and the agreements reached before them in arbitration cases - before the Sofia City Court; in the cases of items c' and 'd' - before the regional court in whose region the document or ruling has been published; in the cases of items 'e' and 'g' - to the regional court of residence of the debtor or place of execution.

The request is reviewed in closed session. In the cases of items 'a' and 'b' of Art.237 the executive writ shall be issued on the ruling of the regional judge or the chairman of the court.

(New - Not., iss.90, 1961.) For sums awarded in favour of the state an executive writ is issued ex-officio.

243. With regard to this request the court investigates whether the act on the basis of which the issuance of an executive writ is sought is proper and whether it attests for the expected claim against the person at which expense the request of issuance is made. When in accordance with the act presented the fall of the claim is dependent upon the performance of a given obligation or the occurrence of some other fact, the performance of the obligation or the occurrence of the fact shall be attested to by an official document or one issued by the debtor.

For the issuing of the writ the court enters the necessary remarks upon the act.

244. The decision or ruling which honours or refuses in whole or in part the request for the issuing of an executive writ may be appealed within seven days. The term is deemed to run with regard to the petitioner as of the day of publishing the decision and for the debtor - as of the date of receipt of the summons for voluntary execution.

The request may be based solely on considerations stemming from acts envisaged in Art.237.

Appeal of the decision or the ruling by which the request has been honoured does not stop execution.

Review of the request is performed under the procedure in Art.217.

245. (Amends. - Not., iss.90, 1961.) In the decision or ruling for the issuance of an executive writ against a state enterprise, cooperative or other public organization, the court stipulates that the sum be paid to the account of the debtor in the Bulgarian National Bank, if the debt stems from working activities, apart from repairs and capital construction of agricultural cooperatives and to the account of the debtor in the Bulgarian Investment Bank, if the debt stems from construction activities of building organizations or capital constructions except those of agricultural cooperatives.

246. The executive writ is issued in one copy signed by the regional judge or the chairman of the municipal court.

247. When several properties have to be handed over or the ruling is made in favour of several persons, separate executive writs may be issued designating which part of the decision should be executed in respect to each writ.

248. If the original of the executive writ is lost or destroyed, the court which has issued it upon the written request of the petitioner, issues a copy of it on the basis of the act on the strength of which it had issued the original.

The request is reviewed in open session after a copy of it is presented to the debtor.

The debtor may counterclaim stating the absence of the circumstances under Art.1 as well as objections to the satisfaction of the debt.

The published decision may be appealed according to the general procedure. After it enters into force the debtor may not challenge the existence of the debt on such grounds as he was in a position to state with regard to the proceedings for the issuing of the copy.

If the act itself has been lost or destroyed and there exists no possibility for the reconstruction of its content through official documents, the petitioner may put forth a claim for the sentencing of the debtor.

249. In accordance with the procedure through which the executive writs issued by the courts are executed, the executive writs issued by the organs of the state arbitration shall be executed as well.

250. When the executive writ was issued on the basis of any one of the acts set out in Art.237 'c', 'd', 'e' and 'f', or on the basis of another non-judicial act prescribed by law, the debtor may within seven days of receipt of the summons for voluntary execution state objections supported by convincing written evidence that the sum adjudged is not owed, or within the same time period present sufficient guarantees to the creditor in accordance with Art.180 and 181 of the Obligations and Contracts Act.

In such cases the court stops execution.

The stipulation of the court with regard to request for stay of execution may be appealed within seven days of notification.

251. When several debtors are involved the guarantee envisaged in the preceding article avails only the person or persons for whom it has been presented.

When the objections concern only a portion of the adjudged sum, as well as when the guarantee presented is not equal to the full sum, the court stops execution only with regard to that portion of the sum.

252. When the court stops execution, the creditor must put forward a claim for the ascertainment of the debt within one month of the day on which the ruling for stay of execution has entered into force. In all other cases the executive writ issued is invalidated.

253. If the creditor has put forth a claim in accordance with the preceding article, the pending proceedings with regard to the appeal of the decision for issuing an executive writ shall be terminated ex-officio.

254. If the debtor does not raise objections within seven days in connection with Art.250 or his request for stay has not been honoured he may present his objections by court action.

255. The debtor may challenge through an action the execution and where it is based on acts other than the ones set out in Art.250, but where with regard to the act upon which an executive writ was issued a court decision, or one by the state arbitration, or a court agreement, or reconciliation before a tribunal has entered into force, the objections of the debtor may solely based on facts having occurred only after the issuing of these acts.

256. (Repealed - Not., iss.90, 1955.)

257. (Repealed - Not., iss.90, 1955.)

258. (Amends. - Not., iss.90, 1955, & State Gazette, iss.41, 1985.) According to the procedure provided for in the present chapter are reviewed claims for divorce, annulment of marriage and for establishing the existence or non-existence of marriage between the parties (matrimonial claims).

Persons who have not attained full majority or been placed under limited incapacity may put forward matrimonial claims and be respondents in them on their own.

259. (Amends. - Not., iss.90, 1955, & State Gazette, iss.41, 1985.) Proceedings in claims for divorce begin with a conciliatory session, in which the spouses are obliged to appear in person. In the case of non-appearance of the plaintiff without valid reasons proceedings are terminated. The non-appearance of the respondent does not hinder the review of the petition, but the court may rule that he or she appear in person.

The conciliatory hearing is held in closed session. The court shall hear the views of the parties, require explanations for the reasons on the basis of which the action for divorce is founded, and elucidate the unfavourable consequences of divorce to them with regard to the children and society and invite them to reconcile their differences.

A new conciliatory session is scheduled not earlier than two months thereafter when:

The court may summon to the conciliation hearing representatives of public organizations at the place of residence or work of the spouses and to require of them to help with the reconciliation.

In the case of reconciliation, should the parties so desire, the court informs the municipal people's council at the place of residence, the enterprise or institution in which they work, the leadership of public organization at their place of residence or employment in order that they may facilitate the resolution of certain social problems which are of significance with regard to the strengthening of the marriage.

Measures for reconciliation are not undertaken where due to incapacity, absence or other insurmountable reasons, conciliation between the parties cannot reasonably be expected to occur.

When reconciliation is not reached, the court schedules the hearing not earlier than four months as of the date of the last conciliation hearing. If it is convinced that postponing the hearings for such a period of time is detrimental to the children, the spouses and society, it may schedule the hearings for an earlier date.

259a (New - State Gazette, iss.23, 1968, amends., State Gazette, iss.28, 1983.) In the case of an action for divorce on mutual agreement the chairman of the court summons the spouses to a conciliatory hearing at which they have to appear in person.

If the spouses maintain their request the chairman of the court prepares a protocol with regard to this and presents the petition for review in court session, which may not be scheduled earlier than two months after the conciliation hearing.

In the case where one of the spouses does not appear in person with valid reasons to the conciliation hearing or the court session, the action shall be terminated.

259b (New - State Gazette, iss.23, 1968, amends., State Gazette, iss.28, 1983.) After it becomes convinced that the consent of the spouses to proceed with the divorce is serious and irrefutable and when it finds that the agreement under Art.101 of the Family Code does not contravene the law and is in the interest of the children the court allows the divorce and certifies the agreement by a decision.

259c.(New - State Gazette, iss.23, 1968.) The decision which allows the divorce on the grounds of mutual consent may not be appealed.

260. (Amends. - State Gazette, iss.23, 1968, & iss.41, 1985.) In the case of divorce the plaintiff must present all grounds for the deep and irreparable breakdown of the marriage. Circumstances not stated, which have occurred before the preclusion of oral hearings and which have become known to the spouse, may not serve as grounds for the institution of a fresh claim for divorce.

All matrimonial claims may compete amongst themselves. Along with them obligatorily are presented and reviewed claims for exercising parental rights, personal relations, financial support for the children, use of the family home, alimony and the family name. The matrimonial claims may be joined by claims regarding the property relations between the spouses.

The stipulations of the preceding para also apply with regard to the respondent as to claims which he might put forward.

Action may not be brought for annulment of marriage for reasons of breech of the stipulations as to age under Art.12 or for duress under Art.96, Para.1, Subsec.2 of the Family Code when the claim for divorce has not been honoured.

261. (Amends. - State Gazette, iss.41, 1985.) At the request of the parties the court before which the claim for divorce or annulment of marriage has been presented, sets out the temporary measures with regard to alimony and the family home, the use of the property accumulated in the course of the marriage as well as the care for the children and their support.

The above-mentioned ruling is not liable to appeal but it may be altered by the same court.

(New. - State Gazette, iss.41, 1985.) The husband may not put forward a claim for divorce without the consent of his wife when the latter is pregnant and up to attainment of the age of twelve months of the child.

(New. - Not., iss.89, 1953, amends, State Gazette, iss.28, 1983.) The proceedings in matrimonial claims are stopped at the request of the wife when the latter is pregnant and up to the attainment of the age of twelve months of the child.

262. (Repealed - State Gazette, iss. 41, 1985.)

263. (Repealed - Not., iss.89, 1953.)

264. (Repealed - State Gazette, iss.28, 1983)

265. The decision for divorce shall not enter into force even though it was appealed only in the part regarding guilt.

266. In the decision which allows the divorce the court at the request of the parties resolves the question as to the name which the spouses may bear in future.

267. (Amends. - State Gazette, iss.41, 1985.) When the spouse - plaintiff dies and the claim for divorce is bases on the guilt of the surviving spouse the court gives the successors a two-week period to declare whether they wish to continue the action; the same is valid with regard to annulment of marriage where the surviving spouse has not acted in good faith. If within the prescribed period none of the successors states that they wish to continue the action it is terminated. The action shall be terminated in cases where the claim for divorce was not based on the guilt of the surviving spouse or if the latter - in claims for annulment of marriage - had acted in good faith.

268. (Amends. - Not., iss 89, 1953, & State Gazette, iss.23, 1968.) In the case of death of the respondent the continuation of the action by his successors is possible only if the claim staked is in connection with Art.13 and 131, Sec.2 of FK and the plaintiff was the one who had acted in bad faith at the time of marriage.

269. (Repealed . - State Gazette, iss.23, 1968.)

270. Court costs in matrimonial cases are awarded against the guilty spouse or the one that had acted in bad faith. When there is no guilt or an act of bad faith or when both spouses were guilty or acted in bad faith costs remain to their detriment in manner in which they were incurred.

(New - State Gazette, iss.28, 1983.) In the case of non-acceptance of the claim for divorce costs are settled in accordance with Art.64. The same procedure applies with regard to costs in the case of appeals.

271. The rule stipulated in the present chapter shall apply to the review of claims for the establishing or dispute of origin, as well as claims for repeal of adoption.

(Amends. - Not., iss.90, 1955.) In such actions shall be applied respectively Art.258, Para.2 & 267 with regard to the continuation of the claim by the successors of the adopter as concerns its justification.

272. With the claim for establishing of fatherhood or motherhood may be joined by a claim for support of the child, but temporary support in these actions may not be awarded.

273. With the claim for repeal of an action may be joined a claim for compensation of the adopted, who has contributed to the enhancement of the property status of the adopter. Such actions may be put forward as a counter claim.

274. (Para.1, amends., Not., iss.50, 1961.) In cases of challenging of fatherhood the action is terminated with the death of the child.

Para.2 repealed - Not., iss.50, 1961.)

275. The placing of a given person under full or limited incapacity may be requested by petition of the spouse, close relatives, the prosecutor or anyone else who has a legal interest in this.

In such proceedings the participation of the prosecutor is mandatory.

(Para.3 app. - State Gazette, iss.28, 1983.) The person whose incapacity is sought through the action must be questioned in person and if need be is brought before the court. When the person is in a medical institution and his health does not permit him to be brought in person before the court, the court shall receive firsthand knowledge of his status.

If after questioning the court finds it necessary, it appoints a temporary guardian who is to look after the person's individual and proprietary interests.

276. (Amends. - State Gazette, iss.28, 1983.) The court rules with regard to the request after questioning the person whose incapacity is sought and his relatives. If that proves insufficient the court proceeds towards gathering additional evidence and the hearing of expert-witnesses.

If the person is at a medical institution the court requests of the management data with regard to his medical status.

After the entry into force of the decision with which a person is placed under full incapacity the court communicates this to the court of guardianship in order to constitute guardianship or trusteeship.

The plaintiff does not have the right to costs in proceedings for placing under legal incapacity. If the claim is not honoured, the plaintiff owes the respondent the costs he has incurred.

277. The proceedings for repeal of incapacity are the same as those for its acceptance.

(New. - State Gazette, iss.28, 1983.) The repeal of incapacity may be requested as well by the organ of guardianship or the guardian.

278. A co-inheritor who seeks partition presents before the regional court a written request joined by:

(Amends. - Not., iss.90, 1961.) Each one of the remaining co-inheritors may during the first session on the case request by written petition for other properties to be included in the body of the inheritance.

279. During the first session each one of the co-inheritors may dispute the rights of the others to participate in the partition, against the proportion of his share, as well as against the inclusion of a given property in the body of the inheritance.

280. (Repealed. - Not., iss.90, 1961.)

281. (Amends. - Not., iss.90, 1961.) In proceedings for partition shall be reviewed disputes as to origin, adoption, wills and the authenticity of written evidence, as well as claims for reduction of testamentary stipulations and gifts.

282. (Amends., iss.28, 1983.) The decision which allows the partition shall contain the court pronouncement with regard to the persons and properties which it concerns as well as the share of each co-inheritor. Where partition of movables is allowed the court rules with regard to which of the co-inheritors sits the right of operation.

With the same decision or at a later time, if all inheritors do not use the inherited properties in accordance with their rights, the court at the request of one of them rules with regard to which inheritors shall have use of which properties up to the final performance of the partition and as to what sums they have to pay to the others in return for the use.

The ruling in connection with the preceding para may be altered by the same court. It may be appealed by private petition.

283. When in the body of the inheritance there are properties which the testator owned jointly with third parties, these properties shall be excluded from the body to be partitioned, if between the inheritors on one side and the third party on the other, partition has not been implemented before the preparation of the protocol for partition.

284. (Repealed - Not., iss.90, 1961.)

285. (Repealed - Not., iss.90, 1961.)

286. In the first session after allowing partition the co-inheritors may present claims for payments between them stating at the same time their evidence.

(Para.2, repealed - Not., iss.90, 1961.)

287. The court prepares the partition protocol on the basis of the conclusions of an expert witness in keeping with the regulations set in the Inheritance Act.

(New - State Gazette, iss.28, 1983.) When subject of partition is a building for which the regulation and construction plan provides for the possibility to be raised or enlarged, the right to build or enlarge for each separate home, studio, or garage is accepted as a separate object and may be set out as a separate share or used to equalize shares. The right to enlarge or increase is constituted with an act of the court according to Art.288, 291 & 292.

288. (Amends. - Not., iss.90, 1961, State Gazette, iss.28, 1983, & iss.31, 1990.) When a given property cannot be partitioned and may not be placed in any one share the court rules that it may be offered for public share.

If the property which cannot be partitioned is a home or apartment and one of the co-inheritors and his spouse doe not have their own home, the court at the request of the co-inheritor places that property in his share, at the same time balancing out the shares of the remaining co-inheritors with other properties. If such equalising is impossible it rules that the inheritor pay to the other co-inheritors parts equal to the value of the property. When a home or apartment which cannot be partitioned and which was matrimonial property, terminated by the death of one of the spouse, it is placed in the share of the surviving spouse, if he does not own the home, unless in case where his share is insignificant.

If several of the co-inheritors and their spouses do not own homes that one having the greatest need is to be preferred.

For takings in accordance with para.2 the interested parties may contract a legal mortgage.

The request under Sec.2 may be made not later than the first session after the decision allowing particion under Art.282, Para.1. The property is evaluated according to its real value.

The sums under Sec.2 must be paid within one year of entry into force of the decision with regard to equal monthly payments. The court by way of exception may postpone the payment of this sum for two years if there are valid reasons for this as well as when the debtor is related in ascent to the creditor respectively testator, or is the surviving spouse and the home prescribed was part of the matrimonial co-property. When payments are delayed for two years the sums shall be paid in the following manner: 20% within three months of entry into force of the decision for a judgement, 20% over the next three months and 10% each following three months. Failure to pay on time one of the deposits under Para.6 annuls the decision for a judgement at the request of the interested party.

(Amended: SG 44/1996) When the adjudged home surpasses the needs of the co-inheritor, determined in accordance with The State Property Act and may satisfy the needs of another co-inheritor who is living in it and has no other home or habitable property, the court after weighing up the possibilities for co-habitation, as well as other circumstances may on the request of that co-owner institute the right over a defined part of the home for a given period or for life. This right may be instituted only in favour of an ascendant relation of the co-inheritor to whom the home was adjudged, to ascendant of the testator, as well as to the surviving spouse. The value of the right of use shall be paid in monthly installments, the amount of which shall be threefold the rental price determined under the established procedure for state-owned housing.

The right of use may be terminated by judicial procedure when the need of the user has ceased to exist or in case of failure to pay three monthly installments for it.

289. After presentation of the draft of the partition protocol the court summons the parties in order to present them with it and to hear their objections with regard to it. Following that the court prepares and declares the final partition protocol.

290. The decisions under Art.286, 288 & 289 are liable to appeal through a general petition within the term for appeal of the latest decision.

291. After the decision with regard to the partition protocol enters into force the court summons the parties to take up lots.

292. (Amends. - Not., iss.90, 1961.) The court may perform the partition by allotting the inherited properties between the co-inherited, without the drawing of lots, when the forming of shares or the drawing of lots is impossible or extremely difficult.

293. When the property is put out to public sale for reasons that it cannot be partitioned, the rules regarding the public sale of realty shall be observed.

In such case if the property is not handed over to a buyer and none of the co-inheritors wishes to take it at a price 80% of the initial one, a second sale at a 20% reduction of the price is scheduled. If even at that sale the property is not handed over to a buyer and none of the co-inheritors whishes to take it at a price 80% of the new reduced price a new sale may be scheduled not earlier than six months. At this new sale a fresh evaluation of the property may be requested.

293a (New - State Gazette, ed.28, 1983.) The parties pay costs in proportion to their shares. In cases of joint claims in the partition proceedings costs are determined in accordance with Art.64.

294. The claims for protection and restitution of breached possession (Art.75 & 76 LP) fall under the jurisdiction of the regional court.

In these cases the court investigates only the fact of possession and breach.

295. The person who has put forth the claim for ownership of realty, cannot institute a claim for possession against the same respondent and with regard to the same property, which the action for ownership is still pending.

296. (State Gazette, iss.28, 1983.) When the possession or holding was terminated by force or secret means (Art.76 LP) the court may levy a fine to the perpetrator of up to 100 levs. The decision with regard the handing over of the property is liable to preliminary execution and may not be stopped.

297. In claims under Art.19, Para.3 of the Obligations and Contracts Act, if in accordance with the preliminary contract the plaintiff has to fulfill an obligation at the time of signing of the final contract, the court pronounces a ruling which substitutes the final contract, when the plaintiff has already fulfilled his obligation. In this case the plaintiff must fulfill his obligation within two weeks of entry into force of the decision including payment of sums owed by the respondent to the state.

If within the specified time the plaintiff does not fulfill his obligation the court of first instance at the request of the respondent repeals the decision.

298. When the subject matter is the transfer of rights of ownership over property, the court investigates whether the preconditions for transfer of property by notary procedure are present, including the fact whether the transferor is the real owner of the property.

By a decision the court directs the plaintiff to pay the state the respective costs for transfer of the property and directs that these costs be entered as incapacity on the property.

The court does not issue a copy of the decision before the plaintiff proves that all costs for the transfer, taxes and other obligations of the transferor to the state and banks at his place of residence have been paid.

299. (Para.1, amended SG No. 12/1996) The acts for deficiency of accounts, set out pursuant to the State Financial Control Act in the cases where no crime has been committed shall be sent by the respective institution performing the inspection to the regional court at the place of residence of the respective institution, enterprise or organization which has suffered damages.

When the act for account deficiency was composed in the course of financial inspection in the institutions for whose needs special courts have been set up, the acts of inspection shall be sent to these courts which hold proceedings with regard to the stipulations of the present Code.

(New - Not., iss.90, 1958.) The act for account deficiency and the letter with which it is sent to the court operate as a claim of action.

(New - Not., iss.90, 1958.) The letter shall contain:

300. (Amends. - Not., iss.90, 1958, & State Gazette, iss.28, 1983.) The person charged with account deficiency is notified by the court that the action has been brought before it, which sets out the amount of designated damages and gives him two weeks to state objections and to present evidence.

With regard to allowing of evidence the court rules in closed session.

After the expiry of the time for objections the case is scheduled for review in open court with summoning of the parties, witnesses and expert witnesses.

With regard to the case shall be summoned as plaintiffs the institution, enterprise or cooperative which sustain damages, and when management personnel is involved, the higher institution. If party to the case is an agroindustrial complex or workers' cooperative enterprise, the respective agroindustrial union shall be summoned.

As party to the case shall be summoned the Ministry of Finance.

301. (Para.1 repealed; previous Para.2 - Not., iss.90, 1958.) The factual statements in the act for account deficiency are deemed true up to proof of the opposite.

(Previous Para.3 - Not., iss.90, 1958.) The decision in the case may be appealed according to the general rules.

(New - Not., iss.90, 1958.) If the appeal decision is revoked, the court of second instance does not return the case for fresh review but decides it in substance.

302. On the request of the organs of internal financial control the notary imposes an incapacity, and the court executive - a distraint for securing the sum of the breach. Such securing may be requested even before the arrival of the inspection act at the court.

Proceedings in such cases as well as the execution of decisions with regard to them shall be free of charge. The parties only pay expenses for witnesses and expert witnesses.

(Amends. - Not., iss.90, 1958.) With regard to the sum mentioned in the decision the court rules that interest be paid.

With regard to decision for account DEFICIENCIES which have entered into force the court issues an official executive writ.

303. (Amends. - State Gazette, iss.28, 1983.) The decisions of foreign courts are recognized and shall be executed in the Republic when between the Bulgarian and respective foreign state there is an agreement as to it, and on the basis of mutuality:

The states with regard to which mutuality exists are determined by the Minister of Justice.

When in the agreements themselves the rules for recognition and execution of decisions are not defined, the stipulation of the present chapter shall be applied.

(New - State Gazette, iss.41, 1985.) Decisions in matrimonial actions of a foreign court, regarding Bulgarian citizens, shall be recognized even in the absence of the conditions of Para.1, if at the time of institution of the claim the respondent was resident in the country where the decision was published.

304. (Amends. - State Gazette, iss.28, 1983.) The request for recognition or for admission of execution of a decision under Art.303 is presented before the Sofia City Court.

305. The request shall be accompanied by:

Court costs are determined according to the rules contained in Art.55.

306. (Amends. - State Gazette, iss.28, 1983.) The court in reviewing the case does not go into the subject matter of the dispute which has been resolved by the foreign court, but only investigates whether the decision presented does not contain rulings contrary to the laws of the People's Republic or the rules of socialist co-habitation.

The debtor may counterclaim for lack of conditions for admitting execution and may raise objection for satisfaction of the debt after the pronouncement of the decision.

The decision of the court which honours or repeals the request, may be appealed in the generally established order.

After entry of the decision into force the debtor may not dispute the existence of the debt on grounds which he may have raised in accordance with Para.2.

307. The decision of the foreign court is not recognized in the Republic and shall not be admitted for execution if:

308. At all times in the course of the case up to the entry of the decision into force the plaintiff may request of the court before which it is pending to allow safeguarding of the claim. Safeguarding may be allowed also by the court of second instance when the case is pending before it.

Safeguarding is admissible in all types of claims.

309. Safeguarding may be requested before the presentation of the claim from the regional judge by residence of the plaintiff or lex-citus of the property which shall serve as a guarantee. In such cases the judge determines the time within which the claim shall be presented. If the claim is not presented within the specified time the regional judge revokes the safeguarding.

310. Safeguarding of the claim is admissible when without it the plaintiff will face impossibility or will be greatly hindered in implementing the rights in accordance with the decision and then only:

The court may require of the plaintiff to present a money or property guarantee to an amount specified by it even in the case of 'a'.

State institutions are relieved from presenting guarantees.

Safeguarding of the claim is admissible when the case is stopped.

311. With regard to support safeguarding is admissible even without the observance of the stipulations of the preceding article. In such cases the court may ex-officio take measures to safeguard the claim.

312. Safeguarding of the claim for money debts in accordance with Art.316 'a' and 'b' is not admissible against state institutions and state enterprises with the exception of claims against state enterprises stemming from credit operations of the banks.

313. The court may allow safeguarding of the claim for its full value or only with regard to those parts which it deems sufficiently supported by evidence.

314. In the request for safeguarding the value of the claim and the safeguarding measure should be set out. The opposite party is not given a copy of the request.

The request is reviewed in closed session on the day of its deposition.

315. The ruling of the court for safeguarding of the claim may be appealed by private petition within a time limit, which for the petitioner runs as of the date of the court pronouncement, and for the respondent as of the date when he was presented with notification by the court executive, a notary or the court in the instances in Art.316 'c'.

The ruling admitting safeguarding of the claim may not be stopped because it is being appealed by a private petition.

316. Safeguarding is performed:

The court may allow several forms of safeguarding to a total value equal to the amount of the claim.

Distrainment for money debts may not be levied over properties set out in Art.339 (apart from the instances in Art.340) and 402 as well as against employment remuneration above the volumes set out in Art.341.

317. The court may on the request of one of the parties, after informing the other party and taking account of its objection, allow the substitution of fall of safeguarding with another.

In safeguarding a claim which may be evaluated in money the respondent may at all times replace without the consent of the other party the safeguarding admitted by the court by a deposition of money or bonds in accordance with Art.180, 181 of the Obligations and Contracts Act. This does not relate to the safeguarding of claims for ownership.

In such cases distrainment is revoked.

318. If the claim is based on a contract setting out the property which is to serve as guarantee, safeguarding is levied only against that property unless it no longer exists or in the meantime has been burdened with other obligations, which make the guarantee insufficient.

319. Distrainment is performed by the court executive at the request of the plaintiff and on the basis of a court order according to Art.343, Para.1, 344-Para 1 & 2, 390 and 398, where the respondent receives instead of a summons notification for voluntary execution. In the case of distrainment against movable objects the court executive makes a protocol, valuation and transfers the object for safekeeping in accordance with Art.360 - 366.

Distrainment is implemented by entry on the court order by the respective notary according to the procedure for entries. With regard to the entry the notary informs the respondent.

320. The distrainment for safeguarding of the claim operates according to the stipulations of Art 345 - 347, 354 -para.1, 391, 392 & 395 - 397. The guaranteed creditor may institute against a third debtor claim for sums or objects which it refuses to hand over voluntarily. In such cases Art.332,Para.2 and 336 shall be applied.

321. The revocation of the safeguarding is pronounced at the request of the interested party, a copy of which is handed to the person whose claim is guaranteed. The latter may enter objections within three days of receiving the copy.

The court in closed session revokes the safeguarding, when it is satisfied that the reason for which the safeguarding was allowed no longer exists or that the conditions stipulated in Art.317, para.2, are present. The ruling of the court may be appealed by private petition.

The lifting of the distrainment, the striking of the incapacity, as well as the revocation of other safeguarding measures take place on the basis of a ruling of a court which has entered into force.

322. If the claim with regard to which safeguarding was allowed has been revoked or has not been presented by the plaintiff within the specified time, or if the case is terminated, the respondent may require that the plaintiff compensate damages suffered as a result of the safeguarding.

In such cases in order that the guarantee be released, the interested party must present a petition with a copy for the opposite party. Within seven days of service of the petition the respondent may raise objections against the release of the guarantee and within one month to
put forward a claim for damages. If within these terms the respondent does not present objections or does instigate action the guarantee is released.

323. (App. - Not., iss.90, 1961.) The court executive proceeds towards execution at the request of the interested party and on the basis of an executive writ or other act liable to execution.

(Para.2 repealed - State Gazette, iss.38, 1989.)

(Previous Para.2 - State Gazette, iss.1, 1963.) In his request the petitioner shall point out the manner of performance. He may simultaneously set out several modes. The latter may in the course of proceedings point out other properties of the debtor for satisfaction of the debt.

(Previous para.3 - State Gazette, iss.1, 1963.) With regard to this request the stipulations of Art.100 shall apply.

324. The requests for execution are presented to the court executive in whose region are to be found:

The petitioner may request of the court executive at his place of residence the levying of distraints against objects and debts of the debtor, even though with regard to the above-mentioned executive actions they are to be performed by another court executive. After the levying of distraints the court executive transmits the executive action to the respective court executive.

325. When proceeding towards execution the court executive shall send the debtor a summons inviting him within seven days to voluntary performance.

The summons shall contain mention of the executive writ, the name and address of the petitioner and a warning to the debtor that if within the given term the latter does not perform his obligation the former will proceed with compulsory execution.

If the debtor should die after taking receipt of the summons for voluntary performance, but before implementing other executive actions, the court executive, before proceeding, must send to the successor a new summons for voluntary performance.

When the court executive proceeds from one mode of performance to another he notifies the debtor as to this.

326. (Para.1 amends. - Not., iss.90, 1961.) The successors or legal successors of the petition, as well as the guarantor and the co-debtor, who have satisfied the debt may request performance on the basis of the executive writ issued to the petitioner. Succession, respective payment by a guarantor or co-debtor is proved by a written evidence.

The executive writ issued against the testator may be performed against the property of his successors, unless they prove that they have refused inheritance and have received it by listing. When the successor has not accepted the inheritance the court executive determines the time limit under Art.51 of the Inheritance Act and communicates the presentation of the successor to the respective regional judge so that it may be properly entered.

The executive writ against the debtor has force against a third party who has given his object or mortgage for securing of the debt, when the petitioner aims performance against that object.

327. If the place of residence of the debtor is unknown the regional court by place of performance, at the request of the court executive after satisfying himself officially as to it appoints a representative of the debtor.

328. The court executive, if necessary for the performance, may order that buildings of the debtor be opened, may search his properties, home and other premises.

When necessary the court executive may seek the assistance of the organs of the people's militia or the local people's council.

329. Executive proceedings are stopped:

330. The executive proceedings are terminated:

In all these instances the court executive lifts the officially imposed distraints after the ruling for termination enters into force.

The termination of proceedings does not prejudice the rights acquired by third parties before that on the basis of the executive actions as well as the regularity of the payment performed by a third party debtor to the court executive.

331. The court executive with regard to all actions undertaken by him shall make a protocol setting out the date and place where it was performed, the requests and stipulations made by the parties, the sums collected and costs incurred.

331a.(New - State Gazette, iss.1, 1963.) The sums deposited with regard to executive cases for payment of obligations, after becoming due are paid or transmitted on the order of the court executive.

When the address of the petitioner is unknown the sums are kept in the State Savings Bank to the account of the court executive.

332. The parties to the performance may put forward petitions against the wrongful actions of the court executive and against the refusal of the latter to perform a given executive action.

(App. - Not., iss.90, 1961.) Third parties may appeal the actions of the court executive only when the latter has aimed performance against objects which at the date of distraint, incapacity or transfer, if movables are concerned, are in the possession of these persons. The petition shall not be honoured if it is proved that the object was the property of the debtor at the time of distraint.

Entry into possession of real property may be appealed only by that third party which was in possession of the property before the instigation of the action the decision to which is being executed. If the latter does not appeal within the prescribed time it may put forth a claim for possession.

333. Petitions are presented through the court executive to the regional court at the place of performance within seven days of the performance of the action if the party was present at the performance or was properly summoned and in all other cases - as of the date of notification. With regard third parties the term commences as of the time of learning of the action.

A copy of the petition is handed to the other party, and when the petition is presented by a third party, copies of it are handed to the debtor and petitioner on whose request the executive action was instituted.

A party which has received a copy of the petition may within three days service written objections. After the expiry of this term the court executive sends the petition together with the objections if such are present to the regional judge giving written explanations as to the actions appealed.

With regard to these petitions the stipulations of Art.198 - 200 shall be applied.

334. (Para.1 app. - Not, iss.90, 1961.) Petitions presented by the parties are reviewed in closed session unless witness and expert witness evidence have to be heard.

Petitions presented by third parties are reviewed in open court by summoning the requestor, the debtor and the petitioner at whose request the executive action has been instituted.

The court reviews the petition on the basis of data from the executive action and the evidence presented by the parties.

335. The presentation of petitions does not stop the acts of performance but the court may rule that they be stopped.

The decision of the regional judge with regard to these petitions cannot be appealed.

336. Each third party whose right has been breached by the execution may put forth a claim of action to establish that the property against which the performance of a money debt is aimed, is not the property of the debtor.

The claim of action is presented against the petitioner and the debtor. The petitioner is responsible under the stipulations of Art.45 of the Obligations and Contracts Act for damages caused to third parties due to performance against their own property.

337. The claimant may aim performance against any one property of the debtor.

338. The debtor may stipulate that performance be aimed with regard to some other property or be performed through one of the modes of performance requested by the claimant. Should the court executive find the mode of execution suggested by the debtor as sufficient to satisfy the claimant the former aims performance with regard to the property designated by the debtor.

339. Performance may not be aimed at the following properties of the debtor:

340. (Amends. - Not., iss.90, 1961.) The stipulations of 'b' and 'c' of the preceding article may not avail:

341. (Amends. - Not., iss.90, 1961, & State Gazette, iss.28, 1983.) If performance is aimed at employment remuneration or any other form of remuneration for labour, as well as a pension higher than the minimal set wage deductions may be made only when:

The monthly employment remuneration in accordance with the previous para shall be determined after deduction of all taxes.

The limitations set out above shall not be relevant with regard to obligations for support. In such cases the awarded sum for support is deducted in whole and the deductions in connection with para 1 for other obligations of the respondent and his obligation for support in the past shall be made with regard to the remainder of his full incomes.

For remunerations received from agricultural cooperatives the monthly amount is determined by dividing by 12 the income received over the previous year.

With regard to claims for support compulsory performance shall not be allowed. With regard to grants compulsory performance is allowed only for reasons of support or alimony.

342. All refusal of the protection of Art.339 and 341 shall be deemed null.

343. With regard to the execution which is aimed at movable or real property, on the summons for voluntary performance the date at which the inspection was made is entered.

When performance is aimed at real property, with the sending of the notification for voluntary performance, the specific property should be designated, the court executive sends a letter to the notary for entry of an incapacity over the said property.

344. Distraint over movables is levies by entry of the object by the court executive.

Distraint over such objects or debts owed to the debtor may be levied with the service of the summons for voluntary performance if it specifies the object or debt against which execution is aimed.

Distraint over a debt owed to a debtor is deemed serviced with regard to a third party as of the date when the notice of distraint according to Art.390 was serviced on him.

345. (Sec.1 amends. - Not., iss.90, 1961.) As of the moment of the imposition of distraint the debtor is precluded from the right of operation or with the object and under the threat of criminal liability may not alter damage or destroy the object.

The same circumstances shall ensue with regard to the debtor as of the moment of receipt of the summons of voluntary performance, when the execution is aimed at a particular property and that property is specified in the summons.

346. All actions of possession performed by the debtor with the property or debt under distraint after it has been levied shall be deemed null with regard to the claimant and the joint creditors, unless a third party successor may rely on Art.78 FA.

When performance is aimed at real property, nullity is relevant only with regard to actions having taken place after the entry of the distraint.

The claimant and the joint creditors may require payment from a third party debtor, irrespective of the payment the latter has made to the debtor, in view of the fact that he has received a notice of distraint.

347. The claimant and the joint creditors may not be challenged with:

348. If before the preclusion of sale the debtor deposits 20% of the sums with regard to the executive list entered against him and certifies in writing before the court executive that he will deposit every three months 10% of them, the court executive stops execution.

If the debtor does not pay any one of these installments, the court executive, upon the request of anyone claimant, continues execution and the debtor does not have a fresh right of stoppage.

349. All sums deposited by the debtor or a third party debtor, or a person taking part in the auction and the buyer, as well as from the shops having performed the sale of movables with regard to the executive action shall be entered on the account of the court executive.

The payment of the sums due to the claimant and the joint creditors shall be performed on the basis of writs of payment prepared by the court executive.

350. At any one time during execution, before division is made other creditors of the same debtor may join the proceedings.

The jointure is implemented by written request to which the claimant attaches the executive writ or a certificate issued by the court executive, that the writ is attached to another executive case.

351. The joint claimant has the same rights as the initial claimant in the executive proceedings.

All notifications and summonses shall be addressed solely to the initial claimant.

352. In the case of a cause of action or petition by a third party against executive actions, as parties shall be summoned the initial claimant and the state and the banks if they already are joint claimants. The other joint claimants may enter the case as co-parties. The decision issued is binding with regard to them, even though they have not entered the proceedings.

353. (Amended, SG No. 26/1996) The State shall be at all times deemed as joint claimant with regard to taxes and other debts owed to it, the amount of which have not been communicated to the court executive prior to division. For this purpose the court executive notifies the tax administration for each performance of execution and for each distribution.

354. The creditor in whose favour safeguarding was allowed through distraints shall be deemed as a joint claimant when performance is aimed at the object of guarantee. The sum due to the guaranteed creditor is kept on account for the executive of the court and is handed over on the production of the executive writ. This sum is divided among the other claimants or is returned to the debtor should the safeguarding be repealed.

The same is valid with regard to the mortgage and guaranteed creditor as well as the creditor with the right to retainment.

355. (Amends. - Not., iss.90, 1961.) If the sum collected with regard to the executive action is insufficient, for the satisfaction of all claimants, the court executive performs a division, initially setting aside sums for the payment of debts which are owed rights to preferential satisfaction. The remainder is divided among the other claimants in proportion.

356. The claimant to whom the property is awarded may calculate such part of the sum owed to him from the value of the property as is owed to him in proportion.

357. The court executive services the division to the debtor and all claimants who shall be summoned at a date specified by him.

If within three days of the day of service of the division no petition has been entered it shall be deemed final and the court executive hands over the sums with regard to it to those who have a right to them

358. Where the division is being appealed the case together with the petition is sent to the regional court which in open session makes a pronouncement by summoning the debtor and the claimants.

The decision of the regional judge with regard to the division may be appealed. The appeal is reviewed under the rules set out in Art.217.

359. When one of the claimants challenges the claim of another the former should enter a claim of action against him and the debtor. The entry of the claim of action stops the handing over of the sum allotted to the claimant. If the claim of action is not entered within a month of the division the sum is handed over to the claimant.

In the cases of Art.255. the claim of action may be based also on facts which precede the issuing of the act.

360. After expiry of the term for voluntary performance the court executive proceeds to making a listing of the object.

The court executive describes the object set out in the summons, only where it is in the possession of the debtor unless by all circumstances it is clear that it is the property of another person.

361. The listing shall contain:

The listing shall designate whether the property with regard to which compulsory execution is not permitted has been left in the possession of the debtor.

The listing sets out as well the time and place for the sale of the object if the claimant requests it.

The listing shall be signed by the court executive.

362. The object described shall be valued by the court executive in accordance with state retail prices, and for objects for which there are no set state prices - according to their market value after making reduction for wear and tear.

The court executive with regard to the performance of the valuation requires data and avails himself of the cooperation of state trade organizations. In case of need with regard to evaluation experts may be drawn.

363. The described movable property, if not displayed in a shop for sale in accordance with Art.367, is handed over for safekeeping to the debtor. In such cases the debtor may use it only if this would not serve to diminish its value.

364. If the debtor refuses to accept for safekeeping the object or when he court executive finds it necessary that it remains with him the object is handed to a guardian who shall be designated with the consent of the parties. If consent cannot be reached the court executive appoints a guardian.

The guardian is chosen with regard to the place where he resides or where the object should be kept as well as with regard to the character of the person and the object.

The object is handed over for safekeeping under signature

365. The guardian shall exercise due care and shall account for the profits from it and the costs of safekeeping.

If the guardian does not perform these duties the court executive may hand over the object to another person for safekeeping.

(Amends. - Not., iss.90, 1961.) For refusal to hand over the object without due reason, the court executive imposes with regard to the guardian a fine of 20 levs if no other liability is due.

366. With regard to the expert witnesses and the guardian, when the latter is a third party, the court executive designates remuneration which is payable by the claimant. If further costs are necessary for the transport and guarding of the object they shall be deposited by the claimant beforehand.

367. The sale of an object under distraint is done through the shops for second hand retail and through the state enterprises. If no such shops exists at the citus of the object it shall be sold through another shop of a state or cooperative trade enterprise unless the debtor or the claimant request that the object be transported for purposes of sale to a place where there is such a shop for second hand goods.

For the performance of sale the trade enterprise receives a commission of 5% of the sale price which it deducts on receipt of the sum.

(New - State Gazette, iss.89, 1976.) Objects whose value exceeds 200 levs are sold by the court executive in keeping with the rules for public sale of movables stipulated by the present Code. The sale is announced in connection with Art.368, Para3. The court executive hands over possession of the object after the ruling for this enters into force. The stipulations of Art.414 shall be duly applied. If the object belong to another, Para 2 -6 of Art.371 shall apply.

368. The object is transferred to the shop by the debtor and if he refuses to do so by the claimant. In case of resistance by the debtor art.328, Para.2 shall apply.

In order to attest that the object has been transferred to a shop the debtor or the claimant present the requisite receipt to the court executive.

Irrespective of this the court executive advertises the sale of the object through notices which shall be placed in the appropriate places in his office or the local people's council.

369. When the transfer of the object to the shop entails difficulties with regard to the sale of the object the court executive places in the shop a notice, at the same time ensuring a possibility for those interested to view the object at the place where it is kept. Apart from that the notices stipulated in para.3 of the preceding article shall be placed.

370. The sale is performed at a price equal to 90% of the valuation and the object is handed over to the buyer after he deposits the price. If an enterprise sells the object at a price lower than the above-mentioned or hands over possession before payment the court executive collects the retail price from the enterprise.

371. If within the space of three months transfer of the object to the shop or notification of sale in connection with Art.369 the object has not been sold it shall be freed from distraint and returned to the debtor, unless the claimant within seven days of expiry of the three month period declares before the court executive that he is willing to accept the object in lieu of payment at a price of 80% of the valuation and requests the performance of a new sale.

The new sale is carried out in accordance with the rules regarding the initial one. It commences not earlier than six months after the end of the initial sale and after a new valuation. If at the sale the object is not sold it is freed from distraint and is returned to the debtor.

When the object is handed over to the claimant and the receipt from the sale exceed the sum of costs of execution and the claims of the claimant the latter deposits the difference. The ruling of the court executive for the handing over of property is issued after the claimant attests to the payment.

If the claimants wishing to receive the object are several, the court executive declares as buyer the one who within three days of notification offers the highest price above 80% of the valuation of the object. The handing over is performed after the claimant deposits with regard to the division the requisite sums for the remaining claimants if such are owed.

Ownership over the object is transferred as of the date of the ruling for the handing over of the object. On the basis of the ruling the claimant acquires possession of the object.

372. The sale performed may not be appealed nor challenged by claim of action.

The buyer of the object becomes its rightful owner irrespective of the fact that it was the property of the debtor.

The former owner has the right to receive the price value if it has not been paid, and if it has been paid the latter has the right to request from the claimants and the debtor that which they have received as a result of the division

(Amends. - Not., iss.90, 1961.) When the object was handed over to a claimant, the owner may request it from him if the latter had no knowledge that it belonged to the debtor. Alternatively he has a right to receive from the claimant a sum equal to the claim in return for which it was handed over. If in proportion it was less than the price the owner has the right to seek the difference from the persons who have acquired it.

The claimant retains his claim.

The claimant, when he has acted in bad faith, is liable for damages caused to the owner. In all cases he bears the costs for execution.

373. After the expiry of the term for voluntary performance the court executive proceeds to a listing of the property distraint with the summons. The listing is only performed if the court executive is satisfied that the debtor was the rightful owner at the time of distraint. Investigation of ownership is performed through checks of the fee and notary registers or through another means including questioning of neighbours. When no certain data as to ownership exist the fact of possession as of the date of distraint is taken into consideration.

374. In the preparation of the listing the rules of Art.361 shall be observed: designating the citus of the property, the boundaries, mortgages and burdens levied on it, as well as taxes due. The court executive requires data as to these burdens from the notary alongside with a request for entry of the burden as well as from the financial department of the local and regional people's council. The property is assessed at market value by the court executive with the help of one or more expert witnesses.

375. The property shall remain in the possession of the debtor up to the time of sale. The debtor shall exercise due care. The debtor receives the property by list and shall return it in the same condition in which he has accepted it.

If the debtor does not exercise due care for the property or prevents third parties from viewing it the court executive appoints another person to manage the product.

376. (Para.1 amends. - Not., iss.90, 1961.) The court executive is obligated after the expiry of seven days of the listing, if no petition is handed, to prepare notice for sale in which he sets out: the owner of the property, a description of the latter, whether it has been mortgaged and for what amount, the initial price at which the sale is to begin, the time and place where the sale shall be held. The above mentioned notice shall be placed in appropriate place at the office of the court executive, the premises of the municipal (regional) people's council, respectively the Mayor's office of citus of the property, the property itself at least one day prior to the date of sale.

The same day the court executive prepares a protocol in which he enters the date of notification.

The court executive determines the time during which the property may be viewed by prospective buyers.

377. The sale shall be performed in the office of the court executive. It shall continue for one month and shall end on the day designated in the notice.

378. The papers regarding the sale shall be kept in the office of the court executive at the disposal of each prospective buyer.

For participation in the auction 10% of the valuation shall be deposited. The claimant does not deposit this if the amount due to him exceeds it.

The sale is carried out by auction list onto which the participants enter and undersign the price which they are offering. Each participant designates his price, irrespective of the price previously offered. A representative of the participant has to produce a written empowerment by the participant in the sale.

The sale closes at twelve o'clock on the last day, but if by that time the auction has not ended it ends by the end of working hours of the same day.

Offers by persons who do not have a right to participate in public sales as well as offers below 80% of the valuation shall be deemed null.

379. The debtor, his legal representative, the officials at the court executive's office, as well as persons set out in Art.185. of the Obligations and Contracts Act do not have a right to participate in the auction.

When the property is bought by a person who did not have a right to participate the sale is nullified.

In this case the money deposited by the buyer is retained for the satisfaction of costs with regard to the executive proceedings, while the property at the request of any one of the claimants may be once again offered for sale.

380. As buyer of the property shall be regarded that participant who has offered the highest price. The proclamation of the buyer is made by the court executive on the auction list which is signed by him.

The buyer must within five days of preclusion of the sale deposit the price offered by him deducting the participation deposit.

381. If within this period the price is not deposited:

382. If no participants have appeared or no valid offers have been entered, or the buyer has not deposited the price and the property cannot be handed over according to 'b' of the preceding article, the claimant has a right within seven days of notification to request that he be declared as buyer in return for his claim at a value of 80% of the valuation or to request a new sale on the lines of the stipulations of Art.371., para.2.

If the claimant does not make such a request the property is freed from execution and the burden is struck out at the request of the court executive.

When the claimants wishing to receive the property in satisfaction of their claims are several, the court executive declares as buyer the one who within three days of notification offers the highest price over 80 % of the valuation of the property.

When the claimant is the state or state organisation they have a right of preference over all other claimants.

383. A claimant who in accordance with the preceding article has been declared as buyer of the property should within five days of division deposit the sum necessary for the satisfaction of the respective shares of the other claimants or the portion of the price with which his claim is exceeded when there are no other claimants. If he does not deposit this sum he is responsible for damages and for costs of the sale, whereas with regard to the property it is proceeded with in accordance with Art. 382., para.2.

384. When the person declared as buyer in accordance with Art.380-383, deposits in due time the requisite sum, the court executive by ruling awards the property to him. The payment of the price overrules failure to abide by the requirement for payment of participation fee or production of empowerment.

As of the date of proclamation of award the buyer acquires all rights which the debtor had over the property. However the rights which third parties have acquired with regard to the property may not serve to challenge the rights of the buyer, if such rights may not be directed against the claimants.

If the award has not been appealed, the legality of the sale may be disputed only through a claim of action and only if there is a breach of Art.379 or failure to deposit the purchase price. In the latter case the buyer may challenge the claim if he deposits the sum due together with interest as of the day when he was declared as buyer.

385. If the ruling for award is revoked or the sale declared as null in connection with Art.384, para.3 the new sale shall be performed after fresh notification.

386. The buyer takes possession of the property from the court executive on the basis of the ruling for award which has entered into force as well as on the basis of a certificate for payment of taxes for transfer of ownership and the entry on the register of the above-mentioned ruling.

Entry into possession shall be directed against any person who is in possession of the property. The latter person may only protect his interest through an action for ownership.

387. If with a decision which has entered into force it is established that the debtor was not the proper owner of the property sold, the buyer may request the price paid by him if it has not yet been paid to the claimants and if this has been done he may request of each one of them and the debtor the portion received. In both cases the buyer has a right to interest and for costs of his participation in the sale. Apart from that he has a right to request of the people's council and the state the return of all taxes paid by him for the transfer of ownership.

With regard to the sums the regional judge by citus of the property issues an executive writ on the basis of the division and the certificate under Art.386, para.1, if the persons against whom the writ is issued have been drawn to the case in which the decision was pronounced. If the sum deposited by the buyer was paid out, it is returned to him by receipt by the court executive.

When the property was awarded to a claimant he retains his claim against the debtor and has a right to request according to the procedure in Art.2 the sums set out in Para.1 apart from costs in connection with his participation in the sale.

388. When performance is aimed against a property which is co-owned, with regard to the debt of one of the co-owners, the property is listed in full but only the part owned by the debtor is sold.

The property may be sold in whole if the remaining co-owners attest their agreement to this in writing.

389. With regard to the sale of mortgaged property, which is being performed not with regard to a claim of the mortgage holder, the court executive notifies him with regard to the scheduling of a listing and sale.

In the cases of Art.382 & 383 the mortgage holder if he so wishes, participates alongside the other creditors.

389a Performance of a claim against one of the spouses may be directed against an object which is a part of the matrimonial property, only in the part of the claim, which may not be satisfied through installments from the employment remuneration of the debtor-spouse in connection with Art.341 during the course of six months or through execution against some other part of his personal property. If the claim or part of it may not be collected in this way the performance for the full, respectively the remainder of the claim is aimed at an object that is part of the matrimonial property.

When the spouses agree performance to be aimed at an object specified by them and part of the matrimonial property, Art.338 is applied.

389b Simultaneously with the distraint and burden, the court executive shall inform the spouse who does not owe a debt, that with regard to an object part of the matrimonial property, performance is to be directed.

The spouse who does not owe a debt may appeal the executive actions for reasons of breach of Art.389a. The non-debtor spouse may challenge the claim on the same grounds and following the same procedure as the debtor spouse as well as to appeal on the same grounds with regard to executive actions.

The non-debtor spouse may participate in the public sale of the object.

389c When performance is directed against movable property within the matrimonial property, the court executive after the sale of the object pays half of the sum received to the non-debtor spouse and with the remaining sum proceeds in accordance with Art.349, Para.2 & 355 - 359.

If performance is directed against real property Art.388 shall be applied.

389d The non-debtor spouse may frustrate the sale of the movable property or of an ideal part of the real property, if within one month of valuation deposits on account of the court executive an amount equal to the share of the debtor-spouse. When the sale of the movable property is performed by the people's council with regard to the rights of the debtor spouse the rules of this type of sale shall apply.

When the non-debtor spouse participates in the sale he shall be declared as buyer if within three days of its conclusion he or she enters in writing on the auction list that he wishes to buy the property at the highest price offered.

389e In the cases of 389c and 389d the non-debtor spouse cannot challenge the claimant that due to his contribution in acquiring the property he or she should be entitled to a larger share than the debtor-spouse, and vice versa, the claimant may not on the same grounds claim that the share of the debtor-spouse is larger.

390. The distraint notice of the third party debtor is sent simultaneously with the summons for voluntary performance

In the distraint notice it is prohibited for the third party debtor to pay the sum owed by him to the debtor. The sums and objects should be specifically stated.

As of the date of receipt of the distraint notice the third party debtor is obligated as a guardian of the object or sums owed by him.

391. Within three days of receipt of the distraint notice, the third party debtor should notify the court executive as to:

The invitation for giving these clarifications should be made on the face of the notice for levying the distraint.

If the third party debtor does not protest the claim, it should deposit the sum owed by him on the account of the court executive or to hand over the objects.

392. If the claim with regard to which distraint had been levied is guaranteed by deposit the person in whose possession the deposited object is is ordered not to return it to the debtor, but to hand it over to the court executive if the third party debtor recognizes the claim.

If the claim with regard to which distraint has been made is guaranteed by a mortgage, the distraint is entered in the respective register of the notary.

393. The claim with regard to which distraint has been levied is presented to the claimant for collection if on his request it is given to him in lieu of payment. When the claimants in the executive proceedings are several, the claim is presented for collection to the claimant on whose request proceedings were instigated, and if he refuses - to another claimant who offers to do so.

394. With regard to objects which the third party debtor hands over or is sentenced to do so, execution is directed in accordance with Art.360 - 372.

395. (Amends. - Not., iss.90, 1961, & State Gazette, iss.28, 1983.) Distraint against employment remuneration is valid not only with regard to the remuneration set out in the distraint notice, but for all other remunerations of the debtor received with regard to the same work in the same institution or enterprise.

If the debtor changes employment into another institution or enterprise, the distraint notice is sent to the new employer by the person who has initially received it and is regarded as having been sent by the court executive. The third party debtor informs the court executive as to the new place of employment of the debtor and as to the volume of the sum received until the change of employment.

The person who pays out remuneration to the debtor regardless of the distraint levied, without subtracting the sum as set out in the distraint, is personally responsible to the claimant jointly with the third party debtor.

(Amends. - State Gazette, iss.41, 1985.) The distraint notices with regard to claims of the state or socialist organisation are entered on the employment record and with regard to claims for support - in the employment record and the passport of the debtor, by the person who pays out remuneration to the debtor at the institution, enterprise or organisation. When the debtor changes employment to another institution, enterprise or organisation or with a private person, the subtractions from his remuneration continue on the basis of this entry, even though a fresh distraint notice has not been received.

The entry is struck out on the order of the court executive who has levied the distraint.

If after the levying of distraint with regard to employment remuneration, the debtor leaves his place of work and within a month does not notify the court executive as to his new place of employment, the court executive serves him with a fine of 200 levs.

396. The claimant who delays the collection of the claim presented, is responsible to the debtor entered in the executive writ for any damages which might ensue from this.

397. The costs which the claimant incurs with regard to collection of the claim presented, shall be for his account. He shall present to the court executive an accurate account as to the sums collected.

398. The levying of distraint on claims with a receipt of an order or other documents, which may be freely exchanged or handed over, as well as with regard to executive writs, is implemented by the court executive taking possession of these documents.

398a (New - State Gazette, iss.55, 1987.) The performance of a claim against one of the spouses may be also directed against half of the bank account that is matrimonial property, where the other half remains as a personal account of the non-debtor spouse. The stipulations of Art.389b and 389e shall apply respectively with regard to this type of performance.

399. Compulsory performance against state institution is not allowed.

(New. - Not., iss.90, 1961.) Money claims against state institutions are to be paid from the respective allocated credit in the budget of the institution. For this purpose the executive writ is presented to the financial department of the institution. If there is no credit allocated, the higher placed institution takes all necessary measures to allocate it not later than the next budget.

(New. - Not., iss.90, 1961.) The compulsory performance against state institutions which has as its subject the handing over of a specific property or the performance of a specified action, is implemented according to the general rules.

400. Against state enterprises, cooperatives or other public organisations compulsory performance is aimed primarily against their accounts in the state banks.

401. (App. - Not., iss.90, 1961.) When the executive writ against an enterprise, cooperative or other public organisation cannot be paid out from an account at the bank because the debtor does not have such an account or there are insufficient funds in that account or there's regulation to that effect, the compulsory performance is implemented by the court executive.

402. Performance against state enterprises, cooperatives or other public organisations may not be directed against the following properties:

Performance may not be directed against production which is aimed for a specific recipient.

403. In the case of liquidation of cooperatives or other public organisation, followed by a liquidation of their property, the performance may be directed against all liable to liquidation property of the organisation.

404. (Repealed - Not., iss.90, 1961.)

405. State institutions and enterprises, cooperatives or other public organisations - creditors which have an account or a current account in a bank when they direct their claims against sums of state enterprises, cooperatives and other public organisations with regard to their accounts in banks hand over the executive writ directly to that bank. The presentation is implemented by a receipt order along the guidelines specified by the BNB which should indicate the bank at which the claimant has an account.

State institutions and enterprises, cooperatives or other public organisations -creditors which do not have an account at the bank, as well as individual citizens, hand over their executive writs to the court executive, who sends them to the bank servicing the debtor.

406. As of the moment of receipt of the executive writ at the bank the account of the debtor is placed under distraint to the volume of the debt and up to its full satisfaction. But the bank does not stop payments with regard to claims, which in accordance with Art.412 are provided with preferential treatment as compared to the claim which is to be performed.

407. With the sums deducted from the accounts of the debtor in the case of para.1 of Art.405 the bank account of the claimant is endorsed, and in the case of para.2 of the same article - the account of the court executive.

408. The executive writ shall be satisfied from the sums in the account of the debtor which is set out in the writ. If the debtor does not have such an account the executive writ is returned to the claimant.

409. An executive writ for a sum exceeding 200 levs may be paid in installments, if the sums in the account of the debtor are insufficient to perform the payment in one installment. For this purpose the bank stops all other payments from the account of the debtor apart from those claims which have preferential satisfaction with regard to the claim which is to be performed. After in the account of the debtor there accumulates a sum of 200 levs, the account of the claimant is credited with that amount..

An executive writ for a sum smaller than 200 levs is not liable to payment in installments, but is paid after it is accumulated in the account of the debtor.

410. The payment of amounts to the accounts of agricultural cooperatives is admissible only to the volume of 70% of the resources in this account at the date of payment. If the sum on the writ exceeds this volume, subsequent payments also of up to 70% are performed from the new accumulations in the account. This procedure is followed up to the full satisfaction of the debt.

411. (Repealed - Not., iss.90, 1961.)

412. (Amends. - Not., iss.90, 1961.) In cases of lack of sufficient funds in the account of the debtor, the banks perform the payments in the following order:

Group One:

The payments for State Public Insurance are made after satisfaction of the claims in connection with item a.

Group Two: payments to the budget and payments to the State Insurance Institute with regard to compulsory insurance.

Group Three: payments for the value of deliveries, work and services, including fines and interest on delayed payments.

Group Four: payments for amortization deductions and deductions from profits for capital construction, for reallocation of turnover capital and for covering planned losses.

Group Five: payments to banks.

Group Six: all other payments.

Payments for each individual group is performed with regard to the terms of payment and order of service of documents to the bank where the account of the debtor is held.

All investor advanced payment due for reimbursement and sums paid over the necessary limit with regard to capital investments are to be paid as Group Two.

In order to meet immediate expenses the banks may allow enterprises and organisations to operate daily, outside the established order with a sum equal to five percent of the daily proceeds to their account and not less that 40 levs per day.

413. All actions of the banks in connection with performance in accordance with the stipulations in the present chapter may be appealed before the superior bank institution.

(Para.2 repealed - Not., iss.90, 1961.)

414. The movable assigned, which after the request of the court executive to be voluntarily surrendered by the debtor is not so surrendered, shall be withdrawn from him and handed over to the claimant.

If the movable is not in the possession of the debtor or is damaged, he is liable to an amount equal to its value. The same applies when only part of the movable is to be found. If the value of the movable is not set out in the executive writ, it is determined by the court which has issued the writ, after hearing the parties and if needed, after questioning of witnesses and experts.

The ruling of the court may be appealed. The petition shall be reviewed in accordance with Art.217.

415. The person to whom a movable is assigned shall be given possession of it. The protocol for possession shall be prepared by the court executive on the spot. Where a debtor does not leave the property voluntarily, he shall be compulsorily evicted.

(New - State Gazette, iss.27, 1973; amended: SG 44/1996) The decisions in connection with Art.288, para.2 shall be executed after payment to the other co-partitioners of their respective parts of the value of the property.

(Repealed SG 44/1996)

(Repealed SG 44/1996)

(Repealed SG 44/1996)

416. If the court executive finds the allocated property in the possession of a third person and ascertains that the latter has acquired the property after the institution of the action, with regard to which the decision for execution has been pronounced, he assigns possession of the property to the claimant and with the same ruling sets out the manner in which he has ascertained when the third party has gained possession.

If the third party maintains with regard to the assigned property rights which negate the rights of the claimant the court executive stays performance and gives the third party three days to request of the regional judge stoppage of performance.

417. With the petition for stoppage the third party has to produce written evidence as to the rights he claims over the property. The petition is reviewed in open court with the summoning of the claimant, the debtor and the third party. If the court finds it grounded he stops performance and gives the third party one week to produce an action before the respective court. If within the specified time the third party does not produce a claim of action, at the request of the claimant the stoppage is revoked.

418. When the person evicted in whatever manner without sanction returns possession of the property the court executive at the request of the claimant once again evicts him.

The same person is liable criminally in connection with Art.207 of the CC.

419. Where the debtor does not perform a given action which he is ordered to do so and where that action may be performed by another person, the claimant may request the court executive to empower the former to perform the action for the account of the debtor.

420. The claimant may request of the court to order the debtor to deposit beforehand the sum needed for the performance of the action.

421. When the action cannot be performed by another person and is solely dependent on the will of the debtor, the court executive on the request of the claimant obligates the debtor to perform the action at the same time imposing a fine of 20 levs on him. If even after that the debtor does not perform the action, the court executive imposes consecutively new fines to the same amount, but not more than 200 levs altogether.

This rule does not apply with regard to the obligations of employees.

422. When the debtor performs the opposite of that which with decision he should perform or forebear, the court executive on the request of the claimant imposes for each breach of this obligation a fine of up to 40 levs.

423. The actions of the court executive with regard to empowering and imposition of fines may be appealed before the regional court in accordance with Art.332.

424. The safeguarding proceedings provided for by the law are determined with regard to the stipulations of the present part in so far as special rules are not provided.

425. The safeguarding proceedings commence by written petition from the interested party.

The petition is presented before the regional court at the place of residence of the petitioner. If the petitioners are several and they have different places of residence it is presented at the place of residence of one of them.

426. The petition is examined in closed session, unless the court deems it appropriate that with regard to the correct examination of the case it is necessary to be done in open court.

427. The court is obligated ex-officio to investigate whether the necessary condition for the issuance of the requested act are present. It may on its own initiative collect evidence and take into account facts not specified by the petitioner.

428. The court may request the personal appearance of the petitioner. It may request that the petitioner by declaration reaffirm the veracity of the circumstances set out by him.

429. The court may rely on witness evidence given before other organs, as well as to empower another court or the people's militia or the people's councils to collect the necessary evidence.

430. The safeguarding proceedings are stopped:

The decision which has entered into force with regard to the dispute is obligatory in resolving the safeguarding proceedings under the conditions and within the limits of Art.291.

431. The decision with which the petition is honoured may not be appealed.

When the act concerns the right of third parties, the dispute arising, if it concerns civil rights, shall be resolved through a claim of action. The claim is instituted against the persons who rely on the act. When the claim is successful the act issued is revoked or altered.

The prosecutor may institute a claim of action for the revocation of the act issued when it is in breach of the law. The claim is directed against the persons set out in para.2.

432. Refusal to issue the act may be appealed within seven days of notification to the party that the decision is ready.

The petition is presented before the regional court. It may be based also on new facts and evidence. Review of the petition follows the rules set out in Art.217.

The decision with which the petition is overthrown does not preclude the right to petition again before the same court with regard to the issuing of the same act.

433. The safeguarding proceedings are terminated:

The ruling with which proceedings are terminated may be appealed by private petition.

434. For safeguarding proceedings shall be respectively applied apart from the general rules set out in the present code, Art.127, 132 - 137, 142 151, 157 - 170, 186 -190, 192 Para 2 & 3, 193 & 194 as well.

435. Costs with regard to safeguarding proceedings shall be for the account of the petitioner.

436. When the law provides that a certain fact with legal significance has to be attested to by a document prepared in the prescribed manner (as a certificate of education, act of civil status, etc.) and such a document has not been prepared and cannot be prepared or the one that had been issued has been destroyed or lost without the possibility of retrieving it, the person who bases his rights on this fact may request of the regional court to establish the fact and when necessary to order that the document be issued.

437. The request should contain:

438. The petition is reviewed in open court with the summoning of the petitioner and the persons, organisations and institutions who have an interest in establishing of the fact. Apart from that the prosecutor is notified and summoned.

As interested parties shall be deemed:

If the interested party stipulated in 'a' is dead, his successors are summoned. The interested organisations or institutions stipulated in 'a' may be represented by their local branches.

439. When the petitioner wants to establish that he has received education at a given institution, the court may rely in establishing this fact apart from all other evidence, also on the conclusion of experts with regard the qualification of the petitioner.

In such cases the interested institution envisaged in 'c' of the preceding article the institution under whose supreme control the educational establishment in para.1 is placed, is summoned.

440. In the decision of the court the fact established by it must be set out as well as the evidence on the basis of which this fact was established.

The decision with which the court pronounces itself with regard to the petition may be appealed according to the general procedure.

The decision does not have evidential force with regard to those interested parties, organisations, or institutions under Art.438, which have not been summoned to participate in proceedings, if they challenge the said fact.

441. According to the same procedure and with the same consequences may be rectified mistakes in the documents under Art.436, when the law does not provide another procedure for this rectification.

442. When the facts under Art.436 have occurred abroad their establishing may be requested according to the procedure provided for in the present chapter only if it has been proven, that the petitioner may not acquire the necessary document or a substitute certificate from the organs of the foreign state where the fact has occurred. Proof of this incapacity is attested by documents issued by the competent authorities of the foreign state or by a certificate from the Ministry of Foreign Affairs that the authorities of the foreign state have refused to review the petition of the interested party or there is no possibility to make such a request.

443. The request for declaration of the absence or death of a given person is under the jurisdiction of the regional court at the last place of residence of the absentee and in the absence of that at the place where the person last resided before being absent.

The request should specify the probable successors of the absentee and his legal representative if such exists.

444. The court in closed session decrees the collection of data with regard to the absentee from his relatives, from the municipal (regional) people's council, or Mayor's office, from the people's militia and all other appropriate places.

The court sends a copy of the request to the municipal (regional) people's council, the respective mayor's office at the last place of residence of the absentee for publication. This copy is presented to the persons set out in para.2 of the preceding article.

445. The court rules with regard to the request for declaration of absence or death, after hearing the prosecutor, and the persons set out in Art.443., para.2 as well as all interested parties.

446. On the basis of the decision with which the death of a person is declared a death act is issued at the last place of residence of the deceased.

447. At the request of the interested parties or the prosecutor the decision for the declaration of absence or death of a given person may be revoked or altered, if it is established that the absentee is alive or the proper date of his death is different from the one declared by the court.

448. The course of action in connection with the preceding article is directed against the party who has sought the declaration of absence or death and against the parties who derive rights from the act.

449. Property left after the death of a person is sealed in the cases prescribed by law by the regional judge.

The regional judge may entrust to the executive committee of the municipal (regional) people's council or mayor's office to perform the sealing through their organs.

450. Sealing may be requested by:

451. With regard to the sealing a protocol is prepared setting out the date, on whose order the sealing took place, description of the sealed premises, safes, cases, etc., and a brief description of the objects which were not sealed. This protocol is signed by the official and the parties present.

452. Anyone who has the right to request sealing may request breaking of the seal and a listing of the property.

The breaking of the seal and the listing are performed by the regional judge. In such cases para.2 of Art.449 is applied.

453. In the protocol for the listing all objects by order of breaking of seal are listed separately. For valuation of the objects an expert may be brought in.

The successors of the deceased and the creditors may be present during the listing.

A listing may be made without sealing.

454. The objects listed are handed over against signature to the successors or some of them and if such do not exist or refuse to accept them they are handed over for safekeeping to a third party.

455. When the sealing, breaking of the seal and listing are performed by the people's council, respectively the mayor's office, the protocol is handed to the regional judge.

456. Every person who has the right over securities (receipt of order, bonds, stocks, etc.) or over securities redeemable to bearer may revoke it if he has been deprived of possession against his will or the security has been destroyed.

It is not permissible to revoke bonds and other securities issued in connection with state loans.

457. In the petition the petitioner should:

458. If the petition corresponds to the above-mentioned requirements the court in closed session issues an order which should contain:

The order is affixed at a specified place in the court and is published in the supplement to the Notices of the Presidium of the People's Assembly.

A copy of the order is sent to the debtor.

459. The date of the session is determined as follows:

460. The person who challenges the petition for revocation shall state this before the court not later than at the session and to produce the security before the court or in a bank until the resolution of the dispute.

In such a case the court stops proceedings for revocation and prescribes a month for the petitioner to present evidence that he has instituted an action for establishing his rights over the security. If such evidence is not produced the court terminates proceedings on revocation.

461. The decision on revocation is pronounced in open session with the summoning of the petitioner.

The decision disallowing the petition for revocation may be appealed in the general manner.

462. After the revocation of the security the petitioner implements his right over it on the basis of the decision for revocation. On the basis of it he may request the issuing of a copy.

463. The person who owns a revoked security, even though he has not ascertained in due time his rights over it may seek the value of the security from the person upon whose request the revocation was declared if the latter did not have a right to petition.

464. If proceedings for revocation conclude without the pronouncement of a decision for revocation, the order for non-payment is revoked ex-officio by the court and is communicated to the debtor.

465. Notary proceedings are those on the basis of which the following are conducted:

466. Notarized acts for the transfer of property or the institution of proprietary rights over realty, certification of the right of ownership over such property, as well as the entries, notes and revocations regarding realty shall be performed by a notary in the citus of the property.

Other notarized actions, as well as wills, may be performed by any notary regardless of the connection of his jurisdiction and the notarized certificate.

467. Notary proceedings commence with an oral request to the notary. The request shall be in writing only where the petition is for the conclusion of a notarized act for the transfer or the constitution of a proprietary right over realty, certifying the right of ownership over such property and entry, notes and revocation of entries.

468. Parties to the notary proceedings are persons in whose name the notarized action is to be made. Participants in notary proceedings are persons whose personal stipulations are attested to by the notary.

469. The notary may not perform notary acts outside his jurisdiction

The performance of contracts which should be entered takes place only in the notary's office and then only within working hours.

Other notary actions may be performed outside the office and office hours, when due reasons prevent the personal appearance of persons to be certified in the office or it is necessary that the notary action be implemented immediately.

471. The notary may not perform notary actions when in the proceeding or a participant in them is: the notary himself, a spouse, relatives in ascendancy, those who by marriage up to the fourth tier as well as persons of whom the notary is guardian, adopted or adopter.

The same applies with regard to an agreement or document containing stipulations in favour of the persons set out in para 1.

472. The notary act shall be null, when the notary had no jurisdiction to perform it (Arts, 466, para.1, 470, 471) as well as when in its performance Art.474, para.4 (regarding the personal appearance of the party), 475, 476 a,c,d and e, 478, 479 and 485, para.2 have been breached. The refusal of the notary to perform any one action may be appealed within seven days of the refusal before the municipal court.

473. The municipal court reviews the petition under the provisions of Art.217.

473a (new - Not., iss.92, 1952) Abroad the notary authority regarding certification of the date, content and signatures on private documents, certification of authenticity of copies and extracts of documents, presented by Bulgarian citizens, as well as the making of wills of Bulgarian citizens may be performed by the Bulgarian diplomatic and consular authorities.

474. For the performance of a notary proceedings the persons participating in those proceedings prepare a draft in two and if needed more identical copies. The format of the paper on which the draft is made, is determined by a sample approved by the Ministry of Justice.

All copies of the draft must be written legibly by hand in black ink or on a type writer.

The figures contained in the draft must be written out in words when they pertain to the substance to the agreement. Empty spaces must be struck out.

The persons or their representatives, whose stipulations are contained in the draft must appear in person before the notary, who before proceeding checks their identity, legal status and their documents of empowerment.

The identity f persons unknown to the notary is certified by a document of identification issued by the authorized state organ. In the same manner the notary certifies whether the persons appearing before him have reached majority. In the absence of a document of identification the person certifies his identity with the help of two witnesses known to the notary.

475. The notary reads out to the participants the contents of the act. If they approve it they sign it before the notary, and if they have already signed it they confirm their signatures before him.

(Amends. - State Gazette, iss.28, 1983.) When one of the participants is unable to sign due to illiteracy or physical defect, the stipulations of Art.151 are applied and the act is signed by witnesses.

When it is necessary to make new entries, corrections and deletions an express note is entered on the act and signed as the act itself.

476. The notary act shall contain:

477. After completion of the act one copy is filed in a special record and the others are presented to the participants and deemed as official copies.

478. When one of the participants does not know Bulgarian and the language he commands is unknown to the notary the latter appoints a translator.

479. When a participant is literate but is mute, deaf or mute and deaf, the deaf person must read out personally the document and state his agreement, and the mute or deaf-mute after reading the document shall enter on it personally that he has read it and agrees with its contents.

When the above-mentioned persons are illiterate the notary appoints an interpreter through whom it is communicated to the deaf and deaf-mute person the contents of the document and the agreement of the deaf and deaf-mute person is communicated.

The notary shall find a way to assure himself that these persons understand each other.

In the cases of the preceding two articles the notary makes a special note on the act.

480. Witnesses interpreters and translators cannot be the following persons:

481. The witnesses, interpreters and translators take an oath and attest before the notary, with regard to Art.138.

They must sign the act.

482. In the performance of the notary act with which the right of ownership is transferred or is constituted, altered or terminated another proprietary right over realty, the notary must check whether the person doing so is the owner of the property. Apart from that he must check whether the special requirements prescribed by law with regard to the conclusion of such agreement are present.

The right of ownership is attested by the requisite documents and when the person does not have at his disposal such documents, the right of ownership is investigated in the proceedings under Art.483. Para 2.

The notary also enters on the act the performance of the investigation according to Para 1 and designates the documents attesting to the right of ownership and the other requirements.

When the document of ownership was not entered the notarized act shall not be performed until that document is entered on the record.

483. When the owner of property does not have a document attesting to this he may acquire such after attesting with the requisite written evidence before the notary his right.

If the owner does not have at his disposal such evidence or if they are insufficient the notary carries out a thorough investigation of the acquisition of ownership in time by questioning three witnesses nominated by the executive committee of the municipal (regional) people's council or the mayor's office in whose region the property is located. The witnesses are designated by the owner and should ideally be neighbours of the property.

On the basis of the evidendence under para.1 & 2 the notary rules with ordinance. If by it ownership is recognised the notary issues a notary act to the petitioner for ownership over the property.

484. The notary act set out in the previous article shall contain:

In the issuance of this notary act the stipulations of Art.474, para.4 & 5, 475, 478 & 479 need not be observed.

485. All persons may present to the notary a private document for the certification of the date of presentation before the notary or with regard to its contents.

In certifying the signature on a private document which is to be certified, the signatories must appear in person before the notary and sign the document or declare the authenticity of the signatures. The stipulations of Art.474, para.4 & 5, 475, para.2, 478 - 481 shall apply.

486. The certification of the date, contents and signatures on private documents is made by a note on it. In this case there are no special regulations, the notary shall be guided by the stipulations of Art.476.

For the performance of certification of the date or signatures, a notice is made in a special register for these certifications. In certifying the contents of the document the petitioner should produce a copy of it. After the certification the copy, duly stamped, shall be filed in a special file.

After certification private documents are returned to the persons.

487. In certifying the authenticity of copies of documents the notary shall compare those with the original and note on the certificate who presented the documents, as well as whether the copy is of the original document or of anther document and whether there are no deletions, additions and other peculiarities.

In this case Art.485, para.1, and Art. 486 are applied.

488. For the service of a notarized summons the petitioner must produce the summons in three identical copies. The notary notes on each one of them that it was served on the person to whom it pertains, when one of the copies of the summons is served to the person who is making the summons and the other is placed in a special file in the notary office.

The same process is applied by the notary with regard to all other notices, warnings and answers connected to civil legal relations.

489. According to the rules of the present chapter are registered the institution, reorganisation and termination of legal persons and firms of citizens and the circumstances pertaining to them, when a law, decree or act of the Council of Ministers envisages entry on the court register.

The registers are kept in the municipal courts.

490. On the register shall be entered :

Changes in the circumstances set out in para 1 are also entered.

Entries are published in the State Gazette if a law, decree or act of the Council of Ministers so prescribe.

491. The entry is made on the basis of the court decision in the place where the seat of the legal person or firm of citizens is situated. The decision contains the circumstances which shall be entered. The entry has force only with regard to those circumstances which must be registered.

492. The registers and files are open to the public and anyone may make an enquiry or request the issuing of a document regarding circumstances entered on the register.

493. The circumstances entered are deemed published to third parties as of the date of entry and that which should be published - as of the date of publication.

Each person in good faith may rely on the entry, even though the circumstance entered does not exist.

Circumstances not entered are deemed non-existent with regard to third parties acting in good faith.

494. The proceedings for entries begin with a written request from:

495. The request shall contain:

The request shall be accompanied by the necessary documents regarding the circumstances to be entered as well as signature samples of the persons who represent the legal person or firm of citizens.

496. the request for entry is reviewed by the court in closed session unless it deems it appropriate to hear in open session.

The court investigates the presence of the circumstance to be entered and the appropriateness with regard to its entry and pronounces with a decision, communicates it to the petitioner and the prosecutor.

497. The decision for entry is liable to immediate performance.

498. When by a claim of action the inadmissibility and nullity of the entry is established as well as the non-existence of the circumstance entered, the court strikes out the entry or the respective circumstance ex-officio at the request of the prosecutor or the interested parties.

499. Corrections in the register are made at the request of the organs and persons set out in Art. 494 or ex-officio by the court following the procedure in Art. 496.

500. The decisions of the court in connection with the present chapter may be appealed by the general procedure or revoked in accordance with Art. 225 & 231.

501. The Minister of Justice issues an ordinance for the keeping and maintenance of the registers and entries.

§ 1. Cases before courts of first instance already in the municipal or regional courts at the coming into force of thIS Code shall be concluded before the same courts, even though their jurisdiction changes in accordance with the provisions of this Code.

§ 2. Cases before courts of second instance already in the regional courts shall be at issue upon their merits by the same courts.

Cases already before the Supreme Court shall be reviewed in accordance to the rules of the present Code.

Cases for presenting accounts shall be concluded according to the established order.

§ 3. Pending claims before municipal courts for decreeing temporary decisions (Art. 162-a to Art. 162-u of GS) shall be reviewed in accordance with the stipulations in the present Code. In connection with the claim the claimant should deposit the subsequent fee according to the rules of the present Code, otherwise the claim is not to be reviewed.

Cases for which temporary decisions have been issued by the municipal judge shall be concluded according to the existing order.

§ 4. Pending cases on divorce of mutual consent shall be terminated. In claims for divorce raised before the entry into force of the present Code the rules under Art.256 - 258 shall not apply.

§ 5. The rules regarding evidence and the conditions for its admissibility set out in the present Code, shall be applied also to facts having occurred before its entry into force.

For all evidence collected before the entry into force of the present Code with regard to pending case the previous rules shall apply.

§ 6. Until the designation of new tax assessments of built up real property in case of dispute over the value of the claim in connection with Art.55b, the medium market value shall be taken, set out in a certificate issued by the municipal peoples council at the citus of the property.

§ 7. Regarding terms which had begun to run with regard to cases before the entry into force of the present Code the previous rule shall apply.

§ 8. Delegation to other laws or texts of repealed civil procedure laws shall apply to the respective text of the present Code.

§ 9. The builders may not rely on the stipulation of Art.339, 'c', with regard to their obligations stemming from constructions made by them up to the entry into force of the present Code as well as traders for obligations undertaken by them in this capacity.

§ 10. The present Code repeals: a) the Notary Act with the exception of Art. 1, 4 and 7; b) Art.11 of the Court Executives Act; c) the stipulations in other laws regarding the establishing by a claim action of facts of legal significance and d) all other regulations which are in conflict with it.

§ 11. Para 2 of Art.1 of the Decree for the Rights of BNB in liquidating its claims, etc (Not.iss.51, 1951.) and Para 2 of Art.49 of the Cooperatives Act is amended as follows:

" With regard to the appeal of a decision which honours or repeals a petition for the issuing of an executive writ as well as the mode for challenging the claim based on the executive writ the provisions of Code of Civil procedure shall apply".

§ 12. Art. 44. of the Family and Persons Act is repealed.

In Art.49 of the Family and Persons Act at the end are added the words: "If the claim is based on the guilt of the surviving spouse".

§ 13. With regard to challenging of executive writs issued on the basis of non-judicial acts before the entry into force of the present Code shall be applied the regulations in force before the Code.

§ 14. The public sale of real and movable property, for which notice has been served shall be completed according to the existing order.

The enforcement of the present Code is assigned to the Minister of Justice and the Chairman of the Supreme Court of the People's Republic of Bulgaria.

(Not., iss.90, 1955.)

§ 13. The existing marriages contracted with foreign citizens without the permission of the Chairman of the Presidium of the National Assembly shall be considered valid.

§ 14. The existing adoptions of Bulgarian citizens by foreign citizens without the permission of the Chairman of the Presidium of the National Assembly shall be considered valid.

§ 15. The pending conciliatory marital cases before the people's courts are terminated without transferring them to the regional courts according to jurisdiction.

The conciliatory procedure, established in Art.259 of the Code of Civil Procedure, shall not be executed on pending divorce cases before regional courts.

§ 5. Cases already before courts at the coming into force of the present law, shall be concluded in accordance with the existing order, with the exception of cases before courts of second instance already before the regional courts which cases shall be decided according to para.3 of Art.301.

§ 1. In relation to a decision having come into force before the date of coming into force of the present law, the three year period referred to in Art.226, para.1, shall run as of the date of coming into force of this law.

§ 2. The three year period referred to in Art.233, para.1, starts as of the date of entering into force of the present law in the cases where the grounds for repeal of decisions in force have appeared earlier.

§ 3. Decisions on allowing partition as per Art.282, which were taken before this law had come into force shall be appealed in accordance with the existing procedures.

§ 4. A request as per Art.285 can be claimed only in cases where the decision on allowing partition is decreed before this law came into force.

§ 5. In pending procedures on legal partition cases proof can be allowed on an equal footing only if by the date of this law entering into force there was no decision issued on allowing the partition. If such a decision was issued before this law, evidence can be accepted only in connection with the points in Art.286.

§ 6. In cases when, before the date of the law entering into force, the court has allowed an extension of the payment period for the dues as per Art.288, the new para, last listed in the article, shall not be applied.

§ 9. The pending executive cases, which fall under the stipulations in Art.323, para.2 of the Code of Civil Procedure shall be terminated in the judicial executive offices and shall be sent to the financial organs of the corresponding people's councils.

§ 10. The terms in Art.70a of the Code of Civil Procedure of the established cases start to run as of the date of this law entering into force.

§ 3. Decisions in force as per Art.28, para.2 & 3 of the Family Code shall be executed if the debtor in a period of one month as of the date of notifying does not claim an amendment of the issued decision on the basis of Art.28, para.1 of the Family Code.

§ 4. Decisions in force as per Art.238 of the Obligations and Contracts Act shall be executed, if the debtor within one month of the date of notifying does not claim to establish, following the legal procedure, that conditions for pointing out homes are present.

§ 51. Cases which are not concluded at the entering of this law into force and whose jurisdiction undergoes changes shall be reviewed by the courts before which they are pending.

§ 52. The stipulations in Art.98 & 300 shall not be applied with regards to not terminated cases before courts of first instance, cases generated up to the date of coming into force of this law, while cases before courts of second instance not terminated, shall be examined in accordance with this Act.

§ 53. Stipulations related to the evidence and the conditions necessary for their allowance, envisaged in this Act, shall be applied also with regards to facts having occurred before the coming into force of this law.

To evidence collected to serve pending cases up to the date of this law'a coming into force, the existing stipulations shall be applied.

§ 54. In connection with time periods, having commenced before the law came into force, the existing stipulations shall be applied, except in cases where the time for their completion is longer than the time periods stated in this law.

§ 55. Claims as per Art.24, para.2 & Art.26, 29, 64 & 86 of the Family Code shall be reviewed by the regional court according to the stipulations on jurisdiction, fixed by this Act, no matter which court, as a first instance, has issued the previous decision.

§ 56. § 14, para.3 of the preceding stipulations (Not.,iss.12 of 1952.) shall be changed as follows:

"The execution of the present Code is assigned to the Minister of Justice and to the Chairman of the Supreme Court of the People's Republic of Bulgaria."

§ 57. In the Pensions Act (Updated, not.,iss.91, 1957; corr. iss.92, 1957; amends and app., iss.104 of 1959, iss.51, 1961, iss.105 of 1962; State Gazette. iss. 103 of 1964, iss.92 of 1965, iss.25 & 101 of 1966, iss.102 of 1967, iss.59 & 97 of 1969, iss.48 & 63 of 1970, iss.3 & 61 of 1971, iss.36 & 65 of 1972, iss.53 of 1973, iss.34 of 1974,iss.3, 36 & 53 of 1975, iss.2 & 63 of 1976, iss.80 of 1979, iss.90 of 1980 & iss.9 of 1981.) Art.53, second sentence is amended as follows:

"A pension below the minimal working wage shall not be distraint, except in cases of alimony, overdraw of pension and for debts, arising out of crimes, not allowed damages and account defficiencies".

§ 58. The present Act enters into force as of September 1, 1983.

§ 11. The stipulation in Art.226, para.1, second sentence shall not be applied in cases in which the period for entering a claim for review is over by the date of coming into force of this stipulation.

§ 12. The stipulations in Chapter LII come into force one month as of the publication of this Act.

§ 3. The entries in the registers of the regional courts, entered by the date of coming into force of the present Decree, are authentic, and the records kept are handed over to the corresponding regional courts.

§ 7. The cases pending before the courts prior to the entry into force of the present Code shall be resolved in accordance with the rules in force before it.